Tag: SE
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Service on Foreign Corporations
Service on Foreign CorporationsIn 1856, the Court decided Lafayette Ins. Co. v. French,37 a pioneer case in its general class. It held that, where a corporation chartered by the State of Indiana was allowed by a law of Ohio to transact business in the latter state upon the condition that service of …
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Service on Nonresident Motor Vehicle Owners
Service on Nonresident Motor Vehicle OwnersBy analogy to the above cases, it has been held that a state may require nonresident owners of motor vehicles to designate an official within the state as an agent upon whom process may be served in any legal proceedings growing out of their operation of a …
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Separation-of-Powers Judicial Protection
Executive Power: Separation-of-Powers Judicial ProtectionIn recent cases, the Supreme Court has pronouncedly protected the Executive Branch, applying separation-of-powers principles to invalidate what it perceived to be congressional usurpation of executive power, but its mode of analysis has lately…
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September 11
Articles of War: Response to the Attacks of September 11, 2001In response to the September 11, 2001, terrorist attacks on New York City's World Trade Center and the Pentagon in Washington, D.C., Congress passed the "Authorization for Use of Military Force," <a name=t1 href=#f1 target=&…
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Seizure Doctrine
The Doctrine ConsideredThe pivotal proposition of the opinion of the Court is that, inasmuch as Congress could have directed the seizure of the steel mills, the President had no power to do so without prior congressional authorization. To this reasoning, not only the dissenters but Justice Clark, in…
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Seizure Power
Power Denied by CongressJustice Black's opinion of the Court in Youngstown Sheet and Tube Co. v. Sawyer notes that Congress had refused to give the President seizure authority and had authorized other actions, which had not been taken.1 This stat…
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Self-Executing Treaty
When Is a Treaty Self-ExecutingSeveral references have been made above to a distinction between treaties as self-executing and as merely executory, in which case they are enforceable only after the enactment of "legislation to carry them into effect." <a name=t1 href=#f1 target="_self…
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Senate Approval
Senate Approval ( Executive Establishment and Treaties)The fact that the power of nomination belongs to the President alone prevents the Senate from attaching conditions to its approval of an appointment, such as it may do to its approval of a treaty. In the words of an early opinion of the Attorney…
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Senate Consent
When Senate Consent Is Complete ( Executive Establishment and Treaties)Early in January, 1931, the Senate requested President Hoover to return its resolution notifying him that it advised and consented to certain nominations to the Federal Power Commission. In support of its action the Senate invoke…