Tag: Law Enforcement
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Legislative Role of the President
Legislative Role of the PresidentThe clause directing the President to report to the Congress on the state of the union imposes a duty rather than confers a power, and is the formal basis of the President's legislative leadership. The President's legislative role has attained great proportio…
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Logan Act
The Logan ActWhen in 1798 a Philadelphia Quaker named Logan went to Paris on his own to undertake a negotiation with the French Government with a view to averting war between France and the United States, his enterprise stimulated Congress to pass "An Act to Prevent Usurpation of Executive Func…
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Myers Versus Morrison
Myers Versus Morrison (Presidential Duties and Powers)How does this issue stand today? The answer to this question, so far as there is one, is to be sought in a comparison of the Court's decision in Myers, on the one hand, and its decision in Morrison, on the other.<a name=t1 href=#f1 target=&qu…
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Nonrecognition
The Power of NonrecognitionThe potentialities of nonrecognition were conspicuously illustrated by President Woodrow Wilson when he refused, early in 1913, to recognize Provisional President Huerta as the de facto government of Mexico, thereby contributing materially to Huerta's downfall the year…
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Posse Comitatus
Military Power in Law Enforcement: The Posse Comitatus"Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by …
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Power of Recognition
The Power of RecognitionIn his endeavor in 1793 to minimize the importance of the President's power of reception, Madison denied that it involved cognizance of the question, whether those exercising the government of the accrediting state had the right along with the possession. He said: "T…
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President's Diplomatic Role
The President's Diplomatic RoleHamilton, although he had expressed substantially the same view in The Federalist regarding the power of reception,1 adopted a very different conception of it in defense of Washington's proclamation. Writing und…
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Formative Power
A Formal or a Formative PowerIn his attack, instigated by Jefferson, upon Washington's Proclamation of Neutrality in 1793 at the outbreak of war between France and Great Britain, Madison advanced the argument that all large questions of foreign policy fell within the ambit of Congress, by virtue…
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Jefferson
Jefferson's Real PositionNor did Jefferson himself officially support Madison's point of view, as the following extract from his "minutes of a Conversation," which took place July 10, 1793, between himself and Citizen Genet, show: "He asked if they [Congress] were not the sove…
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Law Interpretation
The President as Law InterpreterThe power accruing to the President from his function of law interpretation preparatory to law enforcement is daily illustrated in relation to such statutes as the Anti-Trust Acts, the Taft-Hartley Act, the Internal Security Act, and many lesser statutes. Nor is this …
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Law of Nations
The President as Executor of the Law of NationsIllustrative of the President's duty to discharge the responsibilities of the United States in international law with a view to avoiding difficulties with other governments was the action of President Wilson in closing the Marconi Wireless Station a…
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Domestic Violence
The President's Duty in Cases of Domestic Violence in the StatesSee Article IV, § 4, Guarantee of Republican Form of Government, and discussion of "Martial Law and Domestic Disorder" under Article II, § 2, cl. 1.ResourcesNotes and ReferencesThis text about <a href=&q…
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Duties of the President
Section 3. Legislative, Diplomatic, and Law Enforcement Duties of the PresidentHe shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, conv…
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Enforcement of the Penal Law
Power of the President to Guide Enforcement of the Penal LawThis matter also came to a head in "the reign of Andrew Jackson," preceding, and indeed foreshadowing, the Duane episode by some months. "At that epoch," Wyman relates in his Principles of Administrative Law, "the f…
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Foreign Expropriation
Congress and the President versus Foreign ExpropriationCongress has asserted itself in one area of protection of United States property abroad, making provision against uncompensated expropriation of property belonging to United States citizens and corporations. The problem of expropriation of forei…