President/Executive Department Commons^™

The President And The Constitution, Malcolm Moos

Kentucky Law Journal

No abstract provided.

Constitutional Law - Right To Travel - Authority Of Secretary Of State To Deny Passports, Arnold Henson S.Ed.

Michigan Law Review

Petitioner's application for a passport was denied under §51.135 of the Passport Regulations promulgated by the Secretary of State on the grounds that he was a Communist and that he had a record of consistent and prolonged adherence to the Communist Party line. The letter of denial stated that before a passport would be issued, a non-communist affidavit as provided for in the Regulations would be required. Following petitioner's refusal to file the affidavit the State Department informed him that until one was filed his application would receive no further consideration. Petitioner thereupon brought an action for declaratory relief in …

The President: Office And Powers, By Edward S. Corwin, David Fellman

Indiana Law Journal

No abstract provided.

The President's Use Of Troops To Enforce Federal Law, George H. Faust

Cleveland State Law Review

The political genius of man has failed to solve one ancient and basic problem of politics. Briefly stated, it is as follows: What shall be the proper division of authority among governments? How much authority shall be given to a central government and how much shall be left to local or state governments?

Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.

Michigan Law Review

The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.

The Legal Status Of The Red Cross, Wesley A. Sturges

Michigan Law Review

Red Cross is a term well known in the world at large; so is the heraldic emblem of the red cross on a white background. Many people in many lands use them to indicate and symbolize a variety of humanitarian purposes, principles and services. When the term is used as a proper name, generally it identifies an organization which is lawfully authorized to carry out those purposes and services under that name. Organizations by that name have been accorded exclusive authority to carry out the given humanitarian programs, exclusive authority to use the words, whether as a proper name or …

Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue

Michigan Law Review

It is the purpose of this article to review judicial standards applicable to the determination of rights in inventions made by employees of the federal government, to note statutory provisions affecting the problem, to examine the content and effect of the present Executive program for determining such rights, to review and evaluate two fundamental and conflicting theories in this field, and to propose legislation establishing appropriate standards and procedures. This topic is believed to have general interest because, in addition to the urgencies suggested above, the problem touches some of the basic legal philosophy underlying the United States patent system.

Separation Of Powers Doctrine: Historical Sources, Albert Conway

NYLS Law Review

No abstract provided.

Corwin & Koenig: The Presidency Today, Robert A. Dahl

Michigan Law Review

A Review of The Presidency Today. By Edward S. Corwin and Louis W. Koenig.

Incidents Of The Government-Servant Relationship, Ivor L.M. Richardson

Michigan Law Review

The procedures developed in the past five years to meet the threat of communist infiltration into public employment have focused attention on the position of persons working for the federal government. However, the loyalty program and the general problem of dismissal are not the only aspects of federal employment which raise important issues. Other aspects of the government-servant relationship may be of even greater importance to the civil servant in practice. For instance, what are his legal rights to his salary or to his pension if the government refuses to pay? Can he secure redress if he is suspended from …

Political Questions: The Judicial Check On The Executive, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.

The Hoover Commission And Task Force Reports On Legal Services And Procedure, Ralph F. Fuchs

Indiana Law Journal

No abstract provided.

Hearing Commissioners, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Presidential Power And Aggression Abroad: A Constitutional Dilemma, William W. Schwarzer, Robert R. Wood

Faculty Scholarship

No abstract provided.

Administrative Agencies And The Court, Frank E. Cooper

Michigan Legal Studies Series

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies …

Federal Protection Of Civil Rights-Quest For A Sword, By Robert K. Carr; To Secure These Rights: Report Of The President's Committee On Civil Rights, By The Committee, Ernest R. Baltzell

Indiana Law Journal

No abstract provided.

Constitutional Law--Separation Of Powers--Issuance Of Municipal Charter By Circuit Court, W. E. P.

West Virginia Law Review

No abstract provided.

The Jurisprudence Of Thomas Jefferson, L. K. Caldwell

Indiana Law Journal

No abstract provided.

President Roosevelt's Attitude Toward The Courts, Charles W. Smith Jr.

Kentucky Law Journal

No abstract provided.

The Federal Trade Commission And The Courts [Part 2], Vern Countryman

Washington Law Review

Continuation of the article from volume 17, no 1.

The Federal Trade Commission And The Courts [Part 1], Vern Countryman

Washington Law Review

But a majority of Congress had a still different idea as to what was needed. In their view, the Federal Trade Commission was to have positive powers for the enforcement of new legislation designed to supplement the existing law, in addition to the powers of investigation and publicity contemplated by the President. Accordingly, the plans of the industrial leaders were rejected, as apparently was Mr. William Howard Taft's assurance that the courts were quite capable of handling the entire matter under the Sherman Act, and in 1914 Congress enacted the Federal Trade Commission Act," creating a five-man commission with power …

Judicial Review Of The Fact Findings Of The Federal Trade Commission, William G. Daniels

Washington Law Review

Section 5 of the Trade Commission Act (15 U. S. C. § 45) and Section 11 of the Clayton Act (15 U. S. C. § 21) provide that "The findings of the Commission as to facts, if supported by testimony, shall be conclusive." This follows the form of the usual statutory provision, and its settled interpretation is that the findings of the administrative board, if supported by substantial evidence, are conclusive as to issues of fact. The purpose of the creation of the Trade Commission was largely to establish an administrative tribunal consisting of a body of persons especially qualified …

Executive Proclamations And Orders-Federal Register, Everett S. Brown

Michigan Law Review

On July 26, 1935, President Roosevelt signed H. R. 6323, "to provide for the custody of Federal proclamations, orders, regulations, notices, and other documents, and for the prompt and uniform printing and distribution thereof." To date, there has been no government serial publication containing all of the Executive orders signed by the President. The need for such a publication had been frequently pointed out, but to no avail. Legal complication resulting from the rapidly rising flood of executive and administrative orders issued to carry into effect the President's New Deal program led to the framing of H. R. 6323. The …

What Constitution Are We Talking About?, Hugh S. Johnson

Indiana Law Journal

Address by Gen. Hugh S. Johnson, former head of the NRA, delivered before the Indiana State Bar Association, September 6, 1935.

Book Review. The March Of The Bureaus, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Executive Power In Emergencies, Maurice S. Culp

Michigan Law Review

The events of the last few months indicate that the American chief executive is capable of vigorous action in emergencies. The executive frequently has to use the armed forces of the State or Nation in the performance of his duty to see that the laws are faithfully executed in troubled districts, but it is a new experience to have the governors and the President take emergency measures in combatting a depression. The banking crisis, which first received executive notice in Nevada last November and which attained alarming proportions with Governor Comstock's "bank holiday" in Michigan, culminated in the national holiday …

Some Phases Of Washington's Life Of Particular Interest To Lawyers, Sumner Kenner

Indiana Law Journal

No abstract provided.

Constitutional Law-Power Of President To Approve A Bill After Final Adjournment

Michigan Law Review

The final adjournment of the 71st Congress occurred on March 4th, 1931. The day following, President Hoover signed Private Bill No. 510 (46 Stat. 2163) giving the Court of Claims jurisdiction to adjudicate the claims of one Edwards against the government. The question of the bill's validity was presented to the Supreme Court on certificate from the Court of Claims, and it was held valid. Edwards v. United States, (U.S. 1932) 52 Sup. Ct. 627.

Constitutional Law-Conclusiveness Of Consent Of Senate To Presidential Appointment

Michigan Law Review

On December 3, 1930, President Hoover submitted to the Senate the name of George Otis Smith as chairman and member of the Federal Power Commission, which Congress had created by an act approved June 23, 1930. On December 20, 1930, the Senate in open executive session voted to advise and consent to Smith's nomination. The president pro tem. announced that the President would be notified, and there was no objection. On the same day it was ordered that all resolutions of confirmation that day passed be forwarded "forthwith" to the President. The secretary of the Senate formally notified the …

The Appointing And Removal Powers Of The President Under The Constitution Of The United States, Guy Despard Goff

James Goold Cutler Lecture

No abstract provided.