Congressional Limitation of Executive Orders: Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Sixth Congress, First Session, on H.R. 3131, H. Con. Res. 30, and H.R. 2655, October 28, 1999U.S. Government Printing Office, 2000 - 87 страница |
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Страница 6
... effect with a new number and somewhat modified on November 1st of this year , but that executive order , sort of , personified that federalism - that is , from 1998 , personified the arrogance of the executive branch , and I don't speak ...
... effect with a new number and somewhat modified on November 1st of this year , but that executive order , sort of , personified that federalism - that is , from 1998 , personified the arrogance of the executive branch , and I don't speak ...
Страница 7
... EFFECT . - Except as provided in subsection ( c ) , to the extent a Presidential order is issued under authority granted by any enactment of the Congress , such order shall not take effect earlier than 30 days after its trans- mission ...
... EFFECT . - Except as provided in subsection ( c ) , to the extent a Presidential order is issued under authority granted by any enactment of the Congress , such order shall not take effect earlier than 30 days after its trans- mission ...
Страница 8
... effect unless Congress does something , which is the essence of the invali- dated legislative veto . So we have , Mr. Chairman , Mr. Ranking Member , tried very hard in H.R. 3131 to put some teeth into proper legislative preroga- tives ...
... effect unless Congress does something , which is the essence of the invali- dated legislative veto . So we have , Mr. Chairman , Mr. Ranking Member , tried very hard in H.R. 3131 to put some teeth into proper legislative preroga- tives ...
Страница 10
... effect that your bill would have would be to say that all Presi- dential orders must be transmitted to the leaders of the House and the Senate , and it can't take effect for 30 days except for emer- gency situations . Is that correct ...
... effect that your bill would have would be to say that all Presi- dential orders must be transmitted to the leaders of the House and the Senate , and it can't take effect for 30 days except for emer- gency situations . Is that correct ...
Страница 13
... effect legislate through executive orders and Presidential proclamations , which Congress tolerates , and I find this trend deeply disturbing . The Framers expected national policy to be the result of open and full debate , hammered out ...
... effect legislate through executive orders and Presidential proclamations , which Congress tolerates , and I find this trend deeply disturbing . The Framers expected national policy to be the result of open and full debate , hammered out ...
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Чести термини и фразе
67 Stat 80 Stat administrative law Advisory Committee agency Amendment to Executive American Heritage Rivers Article August BARR bill Board to Investigate Chairman challenge Cong congressional COOPER D.C. Cir December decision declare delegated Department disputes duty ecutive Emergency Board enacted Establishing an Emergency executive branch executive power February Fed.Reg Federal Government funds Further Amendment GEKAS granted gress hearing Ibid implement issued Executive Order JERROLD NADLER judicial review June Labor legislative power limited ment MINCBERG NADLER national emergency national security orders and proclamations permanent replacements Phillip Cooper Powers Resolution President Carter President Clinton President Clinton issued President Truman presidential direct Presidential order presidential power pursuant Reagan regulations Rivers Initiative Roosevelt rules SACB seizure Senate separation of powers September signing statement specific standing statute Subcommittee Supreme Court tion tive orders United vested veto violated War Powers Resolution Youngstown
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Страница 36 - The doctrine of the separation of powers was adopted by the Convention of 1787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was, not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.
Страница 75 - The President's power, if any, to issue the order must stem either from an act of Congress or from the Constitution itself. There is no statute that expressly authorizes the President to take possession of property as he did here. Nor is there any act of Congress to which our attention has been directed from which such a power can fairly be implied.
Страница 81 - With all its defects, delays and inconveniences, men have discovered no technique for long preserving free government except that the Executive be under the law, and that the law be made by parliamentary deliberations.
Страница 31 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty ; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Страница 54 - The accumulation of all powers legislative, executive, and judiciary in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.
Страница 75 - It is clear that if the President had authority to issue the order he did, it must be found in some provisions of the Constitution. And it is not claimed that express constitutional language grants this power to the President. The contention is that presidential power should be implied from the aggregate of his powers under the Constitution. Particular reliance is placed on provisions...
Страница 76 - The Founders of this Nation entrusted the lawmaking power to the Congress alone in both good and bad times.
Страница 29 - Resolved by the House of Representatives (the Senate concurring) , That it is the sense of the Congress that the following Code of Ethics should be adhered to by all Government employees, including officeholders: CODE OF ETHICS FOR GOVERNMENT SERVICE Any person in Government service should : 1.
Страница 82 - Congress evidently considered that centralized administration of specially designed procedures was necessary to obtain uniform application of its substantive rules and to avoid these diversities and conflicts likely to result from a variety of local procedures and attitudes toward labor controversies.
Страница 56 - I declined to adopt the view that what was imperatively necessary for the Nation could not be done by the President unless he could find some specific authorization to do it. My belief was that it was not only his right but his duty to do anything that the needs of the Nation demanded unless such action was forbidden by the Constitution or by the laws.