The Ordinance Making Powers Of The President Of The United StatesDa Capo Press, 1925 - 339 pages |
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Page 17
... regulations or orders , in the nature of subordinate legislation . Important as such executive regulations have been ... rules . In addition to long established types of regulations , there have been many new series of regulations ...
... regulations or orders , in the nature of subordinate legislation . Important as such executive regulations have been ... rules . In addition to long established types of regulations , there have been many new series of regulations ...
Page 20
... law in substance though not in form . As commander - in - chief , also , the Chief Magistrate issues administrative Regulations to the army and navy , and gov- erns enemy territory conquered in time of war . As the possessor of the ...
... law in substance though not in form . As commander - in - chief , also , the Chief Magistrate issues administrative Regulations to the army and navy , and gov- erns enemy territory conquered in time of war . As the possessor of the ...
Page 27
... law . By this term is meant the system of modern constitutional government whereby social regulation takes the form of for- mally set and uniform rules of conduct which are impar- tially applied to all particular cases which come within the ...
... law . By this term is meant the system of modern constitutional government whereby social regulation takes the form of for- mally set and uniform rules of conduct which are impar- tially applied to all particular cases which come within the ...
Page 28
... rules of con- duct . The matter is not so simple as this might indicate , yet we may accept it as the primary ... rules . 20 The idea of command ' was distinctively Austin's ; see Brown , The Austinian Theory of Law , chap . i . as ...
... rules of con- duct . The matter is not so simple as this might indicate , yet we may accept it as the primary ... rules . 20 The idea of command ' was distinctively Austin's ; see Brown , The Austinian Theory of Law , chap . i . as ...
Page 33
... rules of conduct with respect to private interests which the reign of law entails . For this reason we include in the power not only uniform rules governing administrative conduct 1 but also regulations respecting a single officer , pro ...
... rules of conduct with respect to private interests which the reign of law entails . For this reason we include in the power not only uniform rules governing administrative conduct 1 but also regulations respecting a single officer , pro ...
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Common terms and phrases
action Administrative Law American Administrative Law analytical jurisprudence apply army authority chap Chief Magistrate clause co-legislation Commission Congress Constitutional Law decision declared Delegated Legislation discretion droit due process embargo enacted enforcement Executive Orders executive power exercise fact federal framers functions given Goodnow governmental granted gress habeas corpus Harvard Law Review heads of departments Ibid Interstate Commerce Commission involved issuance issued judicial jurisdiction jurisprudence Justice lative Law Review legis legislative powers legislature limits material law material ordinances matter means ment military nances nation navy officers opinion ordi ordinance making powers organization persons Political Science pouvoir practice prescribe President Presidential principle problem proclamation question reason reference rights and duties rules and regulations Secretary separation of powers Stat statute statutory subordinate Supreme Court theory thereof tion tive Treasury treaties uniform United vessels vested violation Willoughby Wilson writ
Popular passages
Page 183 - The head of each department is authorized to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use. and preservation of the records, papers, and property appertaining to it.
Page 119 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Page 63 - June 30, 1917. and for other purposes.' as lollows: " *The president, in time of war, is empowered, through the secretary of war. to take possession and assume control of any system or systems of transportation, or any part thereof, and to utilize the same, to the exclusion as far as may be necessary of all other traffic thereon. for the transfer or transportation of troops. war material and equipment, or for such other purposes connected with the emergency aa may be needful or desirable': and "Whereas.
Page 229 - Is this duty limited to the enforcement of acts of congress or of treaties of the United States according to their express terms; or does it include the rights, duties, and obligations growing out of the constitution itself, our international relations, and all the protection implied by the nature of the government under the constitution?
Page 107 - The President is authorized to prescribe such regulations for the admission of persons into the civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter...
Page 123 - We know of no rule for construing the extent of such powers, other than is given by the language of the instrument which confers them, taken in connection with the purposes for which they were conferred. The words are : " Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.
Page 67 - That the general assembly doth particularly protest against the palpable and alarming infractions of the constitution, in the two late cases of the "Alien and Sedition Acts," passed at the last session of Congress; the first of which exercises a power nowhere delegated to the federal government, and which, by uniting legislative and judicial powers to those of...
Page 61 - ... under such regulations and orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President or by Congress: Provided, however, That no preference shall be given to the ports of one State over those of another.
Page 201 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 193 - ... to make report, and give information, to either branch of the legislature, in person or in writing, (as he may be required,) respecting all matters referred to him by the senate or house of representatives, or which shall appertain to his office; and, generally, to perform all such services, relative to the finances, as he shall be directed to perform.