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Articles 91 - 99 of 99
Full-Text Articles in President/Executive Department
Power Of The President Over Foreign Affairs, Allen Welsh Dulles
Power Of The President Over Foreign Affairs, Allen Welsh Dulles
Michigan Law Review
In a recent article former Assistant Attorney General James M. Beck challenges the constitutionality of the measures which President Wilson has taken in the carrying out of the foreign affairs policy of this government. While his criticism is especially directed against the action of the President in appointing such confidential agents as John Lind and Colonel House without the consent of the Senate, he makes the sweeping assertion that the President must share the general control of foreign affairs with the Senate. Mr. Beck's position is clearly shown in the following quotations from his article: "Those provisions of the Constitution …
Note And Comment, John B. Waite, Henry Rottschaefer, Roswell B. O'Harra, Leslie C. Mcclelland, Russell B. James, Hollis Harshman
Note And Comment, John B. Waite, Henry Rottschaefer, Roswell B. O'Harra, Leslie C. Mcclelland, Russell B. James, Hollis Harshman
Michigan Law Review
The Completion of a Contract by Posting of Acceptance - In the recent case of Kennedy Mcrcantile Co. v. Western Union Telegraph Co., the court says, "It is well settled law in this state that,where an offer is submitted by letter, an acceptance is conclusive and binding when a letter is deposited in the post-office accepting the same. The delivery to the one making the offer is not the test; for when the offer is submitted in that way it is equivalent to an invitation to accept by the same means, and when the acceptance is delivered to the agency …
The State Governor Ii, John A. Fairlie
The State Governor Ii, John A. Fairlie
Michigan Law Review
The power of the governor over the executive administration includes on the one hand his general control over the whole administration, and on the other hand the special authority conferred in certain particular branches of administration. His general authority is based on his control over the personnel of the administration, by means of his powers of appointment and removal; and by his power to see that the laws are executed, and more specific authority to direct and control the actions of subordinate officials. His special administrative powers include those in relation to military affairs and the external affairs of the …
The State Governor I, John A. Fairlie
The State Governor I, John A. Fairlie
Michigan Law Review
In all the States of the American Union there is an official known as the governor, who is at the head of the executive department of the State government. Most of the State constitutions provide that "the supreme executive power" shall be vested in the governor; and in some States, the phrase "chief executive power" is used; while others have the simpler form, "the executive power," as found in the national constitution. The qualifying adjective, "supreme" or "chief," found in most of the State constitutions serves to indicate at the outset a difference in the position of the governor from …
United States Department Of Justice, John A. Fairlie
United States Department Of Justice, John A. Fairlie
Michigan Law Review
The Department of Justice has been developed from the English office of Attorney-General, with important features added in the course of American experience. As early as the reign of Edward I, almost contemporaneous with the appearance of a special legal profession in England, we find Crown Attorneys (Attornati Regis) employed for guarding the royal privileges in the courts. By the time of Edward IV the official title of Attorney-General appears for the first time. A little later, as the distinction between barristers and solicitors became established, the Crown lawyers are distinguished as the King's Attorney and the King's Solicitor. These …
Removal Of Public Officers From Office For Cause, Ii, Alonzo H. Tuttle
Removal Of Public Officers From Office For Cause, Ii, Alonzo H. Tuttle
Michigan Law Review
We have seen by the great weight of authority that removal for cause requires notice, charges and a chance to defend. It remains for us to discuss the most difficult question of all. What is the nature of this power? Is it judicial or executive in character? The importance of this question is two-fold. 1. If executive in nature, the courts have no power to review it by the writ of certiorari. If judicial, they have. 2. If judicial, the question arises, is it constitutional to confer such a power on an executive officer? Upon the question whether the power …
Removal Of Public Officers From Office For Cause, I, Alonzo H. Tuttle
Removal Of Public Officers From Office For Cause, I, Alonzo H. Tuttle
Michigan Law Review
Decidedly the most important and best considered debate in the history of Congress, is what Wm. Evarts calls the debate that took place in 1789 in the first session of Congress, under the Constitution, on the question of the nature of the power of the President to remove his appointees from office. The character of this debate is discussed elsewhere in this magazine." Suffice it to say that as a result it was decided then by Congress that under the Constitution the President has the absolute power of removal of all his appointees, without the assent of the Senate. This …
Administrative Powers Of The President, John R. Fairlie
Administrative Powers Of The President, John R. Fairlie
Michigan Law Review
Turning now to those particular branches of administration where the Constitution confers on the President special powers, we shall find that in these fields he has still more ample authority. Not only do the constitutional grants guard him from encroachment on the part of Congress, but they enable him at times to assume a large degree of legislative power.
Administrative Powers Of The President, John A. Fairlie
Administrative Powers Of The President, John A. Fairlie
Michigan Law Review
It is the purpose of this paper to discuss, with some effort at systematic classification the powers of the President of the United States, through which he maintains an effective and responsible control over the whole federal administration. The position of the President in this respect offers a striking contrast to that of the state governors, which is not always fully appreciated in comparisons of the state and federal governments; and an analysis of the President's authority may well suggest some inquiry as to the relative merits of the centralized executive of the federal government, and the decentralized and unorganized …