Tag: Law Enforcement
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Commissioning Officers
Commissioning Officers (Presidential Immunity)The power to commission officers, as applied in practice, does not mean that the President is under constitutional obligation to commission those whose appointments have reached that stage, but merely that it is he and no one else who has the power to co…
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Congressional Power
Congressional Power Versus Presidential Duty to the LawThe Court's 1838 decision in Kendall v. United States ex rel. Stokes,1 shed more light on congressional power to mandate actions by executive branch officials. The United States owed Stokes m…
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Cuba
The Case of CubaThe question of Congress's right also to recognize new states was prominently raised in connection with Cuba's successful struggle for independence. Beset by numerous legislative proposals of a more or less mandatory character, urging recognition upon the President, the Senat…
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Debs Case
The Debs CaseThe Debs case of 1895 arose out of a railway strike which had caused the President to dispatch troops to Chicago the previous year. Coincidentally with this move, the United States district attorney stationed there, acting upon orders from Washington, obtained an injunction from the Uni…
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Debs Case Today
Present Status of the Debs CaseInsofar as the use of injunctive relief in labor disputes is concerned, enactment of the Norris- LaGuardia Act 1 placed substantial restrictions on the power of federal courts to issue injunctions in such situations. Th…
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Doctrine of Political Questions
The Doctrine of Political QuestionsIt is not within the province of the courts to inquire into the policy underlying action taken by the "political departments"- Congress and the President-in the exercise of their conceded powers. This commonplace maxim is, however, sometimes given an enla…
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Administrative Decentralization
Administrative Decentralization Versus Jacksonian CentralismAn opinion rendered by Attorney General Wirt in 1823 asserted the proposition that the President's duty under the Take Care Clause required of him scarcely more than that he should bring a criminally negligent official to book for his d…
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Appropriated Funds
Impoundment of Appropriated FundsIn his Third Annual Message to Congress, President Jefferson established the first faint outline of what years later became a major controversy. Reporting that $50,000 in funds which Congress had appropriated for fifteen gunboats on the Mississippi remained unexpende…