Judgment Search Results Home > Cases Phrase: commanders in chief change in designation act 1955 Court: us supreme court Page 1 of about 583 results (0.134 seconds)

Myers Vs. United States

Court : US Supreme Court

..... and act as captain-general and commander in chief of all the militia ..... more nearly in proportion to their population -- the smaller states, led by roger sherman, fearing that, under the second compromise, the president would constantly be chosen from one of the larger states, secured a change by which the appointment of all officers, which theretofore had been left to the president without restriction, was made subject to the senate's advice and consent, and the making of treaties and the appointments of ambassadors ..... for he can, at any time, exercise his constitutional right to suspend an officer and designate some other person to act temporarily in his stead, and he cannot, while the senate is in session, appoint a ..... utterly impossible not to feel that, if this unlimited power of removal does exist, it may be made, in the hands of a bold and designing man of high ambition and feeble principles, an instrument of the worst oppression and most vindictive vengeance. ..... cabinet officers subject to the provisions of the tenure of office act of 1867 has obscured the significance of that measure as an instrument designed to prevent abuses in the civil service. ..... any civil officer appointed by and with the advice and consent of the senate, except judges of the courts of the united states, until the end of the next session of the senate, and to designate some suitable person, subject to be removed in his discretion by the designation of another, to perform the duties of such suspended officer. .....

Baltimore and Ohio R. Co. Vs. Baugh

Court : US Supreme Court

..... subordination and relationship to the company would be like stating that a common soldier taken from the ranks and put in command of a company or regiment of which he was a member still retains his subordinate relations to his former fellow soldiers and to the commander in chief. ..... nothing can be more disturbing and irritating to the states than an attempted enforcement upon its people of a supposed unwritten law of the united states under the designation of the general law of the country, to which they have never assented and which has no existence except in the brain of the federal judges in their conceptions of what the law ..... carrier of goods or passengers, such as its right to contract for exemption from responsibility for its own negligence, or its liability beyond its own line, or its liability to one of its servants for the act of another person in its employment is a question not of local law, but of general jurisprudence, upon which this court, in the absence of express statute regulating the subject, will exercise its own judgment, ..... master for the discharge of that duty, and if the master, instead of discharging it himself, sees fit to have it attended to by others, that does not change the measure of obligation to the employee, or the latter's right to page 149 u. s. ..... " there is no question as to the power of the states to legislate and change the rules of the common law in this respect as in others, but in the absence of such legislation, the question is one determinable .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... can, exist a parliament, or any description of men, or any generation of men, in any country, possessed of the right or the power of binding and controlling posterity to the 'end of time', or of commanding for ever how the world shall be governed, or who shall govern it; and therefore all such clauses, acts or declarations by which the makers of them attempt to do what they have neither the right not the power to do, nor take power to execute, are in themselves ..... 1188. though there are naturally some limitations to be found in every organic instrument, as there are bound to be limitations in any institution or any other set up brought into existence by human agencies, and though my lord the chief justice has gone into this aspect fully, it is in my view not necessary to consider in this case the question of the existence or non-existence of implied or inherent limitations, because if the amending power is wide and ..... valid. directive principles are also fundamental and the amending power is designed to enable future parliament and state legislatures to provide for the changes in priorities which take place after the constitution was framed and the amending power is extended to enacting article ..... 365 of the report:reverting to the amendment made in clause (2) of article 31 by the constitution (fourth amendment) act, 1955, it is clear that adequacy of compensation fixed by the legislature or awarded according to the principles specified by the legislature for determination is not .....

Lt.-col. Prithi Pal Singh Bedi and ors. Vs. Union of India (Uoi) and o ...

Court : Supreme Court of India

Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC)

..... while distinguishing lockwood's case a note was taken of the fact that the rules framed in exercise of the power conferred by section 101(3) of the patents, designs and trade marks acts of 1883 and 1888 would be subject to control of parliament and, therefore, parliament was in control of the rules for 40 days after they were passed and could have annulled them on a motion to that effect and ..... on the basis of the broad information available, a chart roughly showing vertical hierarchy with horizontal equation was composed to understand the meaning of the aforementioned expressions : supreme commander = president of india chief of army staff = chief of army staff command = goc-in-c commanding officer army corps army corps army corps army corps =lt. ..... if on the other hand as contended for the petitioners that the expression 'corps' is an inter-change-able substitute for the expression 'army corps', the difficulty of setting up a general court-matial in strict compliance with rule 40 would be ..... the suspicion arose on the visual impression that : (a) there is change in ink of last line ; (b) last line appears to have been written over the signature of the officer reported upon ; (c) size of lettering of the last line is smaller than the rest of the ..... three decades of its working with winds of change blowing over the world necessitate a second look so as to bring it in conformity with liberty oriented consitution and rule of law which is the uniting and integrating force in our political .....

Printz Vs. United States

Court : US Supreme Court

..... 1911), the framers rejected the concept of a central government that would act upon and through the states, and instead designed a system in which the state and 920 federal governments would exercise concurrent authority over the people-who were, in hamilton's words, "the only proper objects of government," the federalist ..... the proposed transferee along with a sworn statement that the transferee is not among any of the classes of prohibited purchasers, 922(s)(3); (2) verify the identity of the transferee by examining an identification document, 922(s)(1)(a)(i)(ii); and (3) provide the "chief law enforcement officer" (cleo) of the transferee's residence with notice of the contents (and a copy) of the brady form, 922(s)(1)(a)(i)(iii) and (iv). ..... and the further fact that it chose not to change that request to a command 18 months later, see resolution of mar. ..... 922, and command the "chief law enforcement officer" (cleo) of each local jurisdiction to conduct such checks and perform related tasks on an interim basis until the national system becomes operative, ..... given that the brady act places its interim obligations on chief law enforcement officers (cleo's), who are defined as "the chief of police, the sheriff, or an equivalent officer," 18 u. s. ..... construct was the product of the ill-starred opinion of chief justice taney in kentucky v. ..... action that has utterly no policymaking component is rare, particularly at an executive level as high as a jurisdiction's chief law enforcement officer. .....

Boumediene Vs. Bush

Court : US Supreme Court

..... bait-and-switch that today s opinion plays upon the nation s commander in chief will make the war harder on us. ..... the observations of the judicious blackstone are well worthy of recital: to bereave a man of life or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less ..... no reason to suppose that review according to procedures the federal judiciary will design, case by case, will proceed any faster than the dta process petitioners ..... the common-law writ, as received into the law of the new constitutional republic, took on such changes as were demanded by a system in which rule is derived from the consent of the governed, and in which citizens (not subjects ) are afforded defined protections ..... if the government s reading of eisentrager were correct, the opinion would have marked not only a change in, but a complete repudiation of, the insular cases (and later reid s) functional approach to questions ..... sovereignty only twice in its opinion, in contrast to its significant discussion of practical barriers to the running of the writ; and (3) if the government s reading were correct, the opinion would have marked not only a change in, but a complete repudiation of, the insular cases (and later reid s) functional approach. .....

Madsen Vs. Kinsella

Court : US Supreme Court

..... the present commission, he has undertaken to exercise the authority conferred upon him by congress, and also such authority as the constitution itself gives the commander in chief, to direct the performance of those functions which may constitutionally be performed by the military arm of the nation in time of war. ..... the director of the united states bureau of prisons designated the federal reformatory for women at alderson, west virginia, as the ..... 1, 1950, the name of the "united states military government courts for germany" was changed to "united states courts of the allied high commission for germany. ..... representation of the united states on the allied high commission for germany when established, and the exercise of appropriate functions of a chief of mission within the meaning of the foreign service act of 1946." " * * * *" "4. ..... [their] competency has been recognized not only in acts of congress, but in executive proclamations, in rulings of the courts, and in the opinions ..... vested the authority of the united states military government in a civilian acting as the united states high commissioner for germany. ..... it does not extend to many criminal acts, especially of civilians, peculiar to time of war, and, for the trial of these, a different tribunal is ..... [ footnote 18 ] the 1916 act substituted, for article 63 ( see note 15 supra ), a new article 12 which provided that " general courts-martial shall have power to try any person subject to military law for any crime or offense .....

Weiss Vs. United States

Court : US Supreme Court

..... today's opinion finds "an acceptable balance between independence and accountability" because the uniform code of military justice "protects against unlawful command influence by precluding a convening authority or any commanding officer from preparing or reviewing any report concerning the effectiveness, fitness, or efficiency of a military judge relating to his judicial duties"; because it "prohibits convening authorities from censuring, reprimanding, or admonishing ..... appropriate judge advocate general designates a chief judge for each court of military review, and the chief judge determines "on which panels of the court the appellate judges assigned to the court will serve and which military judge assigned to the court will act as the senior judge ..... 152, 154; the chief and vice chief of naval operations, 5033, 5035; the commandant and assistant commandant of the marine corps, 5043, 5044; the surgeons general of the army, navy, and air force, 3036, 5137,8036; the chief of naval personnel, 5141; the chief of chaplains, 5142; and the judge advocates general of the army, navy, and air ..... of the ucmj, and corresponding regulations, by insulating military judges from the effects of command influence, sufficiently preserve judicial impartiality so as to satisfy the due process clause. ..... enacting the uniform code of military justice in 1950, and through subsequent statutory changes, congress has gradually changed the system of military justice so that it has come to more closely ..... 1955 ..... 1955 .....

United States Vs. Bethlehem Steel Co.

Court : US Supreme Court

..... " the commanding officer reported that the design was deemed superior to the other designs, and that he had ordered its manufacture, as suggested by the chief of ordnance he should do in such case. ..... 324 showing a form of mechanism saying that it seemed to possess marked merit and that it was a modification of the leibert design, from which it differed "mainly in the mode of operating the withdrawal block, and in the pitch of the segmental rack to give increased power for rotation. ..... and it was found that none of the patents of the prior art anticipated the leibert design, and that it was a patentable advance upon them, and it was further found that the combination of claims 1, 2 and 3 of it were found in "model 1895. ..... there can be no doubt that the ordnance bureau knew that the stockett design could only be used with the leibert mechanism, and though declining, as it said, to pass "on the legal aspect" of such use, it would "lend its assistance in bringing before the court all documents on hand pertaining to the ..... bureau considered different forms of mechanism, and the company notified the bureau that work under the contract had reached a point that it was necessary to know the mechanism to be used, and requested that, if any change was to be made, the company be notified. ..... a contract of the united states to pay for its use of a patented invention is to be implied, rather than a tortious appropriation by the officers acting for the government. p. .....

Dooley Vs. United States

Court : US Supreme Court

..... this case were of three classes: (1) the duties prescribed by general miles under order of july 26, 1898, which merely extended the existing regulations; (2) the tariffs of august 19, 1898, and february 1, 1899, prescribed by the president as commander in chief, which continued in effect until april 11, 1899, the date of the ratification of the treaty and the cession of the island to the united states; (3) from the ratification of the treaty to may 1, 1900, when the foraker ..... exports, upon arriving there, were still subject to the same duties as merchandise arriving from other foreign countries, while her imports from the united states were subjected to duties prescribed by the commander in chief, she would be placed in a position of practical isolation, which could not fail to be disastrous to the business and finances of an island. ..... duties upon imports from the united states to porto rico, collected by the military commander and by the president as commander-in-chief, from the time possession was taken of the island until the ratification of the treaty of peace, were legally exacted under the ..... the terms of the treaty, the conclusion that the status of the ceded territory, within the meaning of the tariff laws, was changed by the treaty before congress could act on the subject can only be upheld by disregarding the opinion of the court expressed by mr. ..... appoint all the necessary officers and clothe them with designated powers, larger or smaller, according to its pleasure. .....