Presidential Signing Statements Under the Bush Administration: A Threat to Checks and Balances and the Rule of Law? : Hearing Before the Committee on the Judiciary, House of Representatives, One Hundred Tenth Congress, First Session, January 31, 2007, Svazek 4U.S. Government Printing Office, 2007 - Počet stran: 136 |
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42 WEEKLY COMP ABA Task Force Administration agencies amend American Bar Association Appointments Clause bill Boston Globe branch shall construe branches of Government Bush's signing statements canon Chairman challenge checks and balances congressional constitutional duty constitutional signing statements constitutionally CONYERS decline to enforce Dellinger Department of Justice Edwards ELWOOD emphasis added executive power exercise faithfully executed George H.W. Bush Harvard Law School hearing intent issued JACKSON LEE John Conyers Legal Counsel legislative branch legislative history line-item veto manner consistent MATHIS Members of Congress ments national security Nicholas Quinn Rosenkranz Office of Legal Ogletree oversight PRES President Bush President Bush's signing President Clinton President's constitutional authority presidential signing statements Professor Rosenkranz provisions question recommendations responsibility Senate separation of powers Smith Statement on Signing supervise the unitary supra note Supreme Court Thank U.S. CONST unconstitutional unitary executive branch United veto views
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Strana 25 - President's delegates to help him discharge his constitutional responsibility to "take Care that the Laws be faithfully executed." US Const., Art. II, § 3; see 28 USC §§ 516, 547.
Strana 51 - ... was repealed by the act approved May 13, 1884. The following is the oath administered to Representatives and Delegates elect, viz: " I, A II, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that 1 will bear true faith and allegiance to the same ; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office...
Strana 98 - December as being based on his "constitutional authority to conduct the foreign relations of the United States and as Commander in Chief...
Strana 14 - The ordinary duties of officers prescribed by statute come under the general administrative control of the President by virtue of the general grant to him of the executive power, and he may properly supervise and guide their construction of the statutes under which they act in order to secure that unitary and uniform execution of the laws which Article II of the Constitution evidently contemplated in vesting general executive power in the President alone.
Strana 20 - authority to classify and control access to information bearing on national security and to determine whether an individual is sufficiently trustworthy to occupy a position in the Executive Branch that will give that person access to such information flows primarily from this constitutional investment of power in the President and exists quite apart from any explicit congressional grant.
Strana 50 - courts are not at liberty to pick and choose among congressional enactments, and when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective.
Strana 53 - President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected and such person shall act accordingly...
Strana 50 - The cardinal principle of statutory construction is to save and not to destroy. We have repeatedly held that as between two possible interpretations of a statute, by one of which it would be unconstitutional and by the other valid, our plain duty is to adopt that which will save the act. Even to avoid a serious doubt the rule is the same.
Strana 53 - The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them...
Strana 112 - But still the proceeding is not a case or controversy within the meaning of Article III of the Constitution. The...