Court : US Supreme Court
..... much room for difference as exists when congress is dealing wholly with internal matters and when it is acting with the president about foreign affairs. cf. united states v. curtiss-wright export corp., 299 u. s. 304 . not only the broader power of congress, but its conjunction in the particular delegation with ..... dissipated by excessive prices; to protect persons with relatively fixed and limited incomes, consumers, wage earners, investors, and persons dependent on life insurance, annuities, and pensions, from undue impairment of their standard of living; to prevent hardships to persons engaged in business, . . . and to the federal, state, and local ..... with relatively fixed and limited incomes, consumers, wage earners, investors, and persons dependent on life insurance, annuities, and pensions, from undue impairment of their standard of living;" the administrator's judgment that any price policy will tend to affect the classes mentioned in this purpose from what he may decide to .....
Tag this Judgment!Court : US Supreme Court
..... limited in its application. it dealt almost exclusively with entry into the federal service, and hardly at all with tenure, promotion, removal, veterans' preference, pensions, and other subjects addressed by subsequent civil service legislation. the pendleton act provided for the creation of a classified civil service, and required competitive examination for entry into that service. its only provision with respect to separation ..... -mentioned provision of that act appears to have been the only statutory or regulatory limitation on the right of the government to discharge classified employees. in 1897, president william mckinley promulgated civil service rule ii, [ footnote 19 ] which provided that removal from the competitive classified service should not be made except for just cause and for page 416 u. s. 150 reasons given .....
Tag this Judgment!Court : US Supreme Court
..... ineffective remedy, attended with many contingencies and burdened with onerous expenses. removal from office would be still more unsatisfactory. it would depend on the arbitrary discretion of the president or other appointing power, and is not such a remedy as a citizen of the united states is entitled to demand. we think that the case suggested by the ..... . all the proceedings had been gone through, the right of the applicant had been affirmed, the patent had been made out in the land office, signed by the president, sealed with the land office seal, countersigned by the recorder of the land office, recorded in the proper book, and transmitted to the local land officers for delivery, ..... and one foot, and $18 per month to those who had lost either one hand or one foot, and other less pensions for lesser injuries, any increase of pension to commence from the date of the examining surgeon's certificate. by the act of june 18, 1874, 18 stat. 78, c. 298, supp.rev.stat. 39, it was provided that in .....
Tag this Judgment!Court : US Supreme Court
..... -lewis agreement," which established the basic health benefits framework. supra, at 561; see also 11 fed. reg. 5593 (1946) (president truman's seizure order). in 1948, during a strike related to pension benefits, the government again intervened to ensure continued availability of these benefits. 13 fed. reg. 1579 (1948) (executive order creating board ..... . the 1950 w &r fund continued to operate with benefit levels subject to revision until the employee retirement income security act of 1974 (erisa) introduced specific funding and vesting requirements for pension plans. to comply with erisa, the umwa and the bituminous coal operators' association entered into the 1974 nbcwa, which ..... dick howard, stephen m. hodges, wade w massie, and gregory b. robertson. 504 opinion of o'connor, j. industry retiree health benefit act of 1992 (coal act or act), 26 u. s. c. 9701-9722 (1994 ed. and supp. ii), which establishes a mechanism for funding health care benefits for retirees from the coal industry .....
Tag this Judgment!Court : US Supreme Court
..... an office from which he is not removable at the will of the executive, and, being so page 5 u. s. 173 appointed, he has a right to the commission which the secretary has received from the president for his use. the act of congress does not, indeed, order the secretary of state to send it to him, but it is placed ..... of the commissioners, found it necessary to pursue the mode prescribed by the law subsequent to that which had been deemed unconstitutional in order to place themselves on the pension list. the doctrine, therefore, now advanced is by no means a novel one. it is true that the mandamus now moved for is not for the performance of an ..... those persons who had been reported by the judges, as commissioners, were entitled, in consequence of that report, to be placed on the pension list was a legal question, properly determinable in the courts, although the act of placing such persons on the list was to be performed by the head of a department. that this question might be properly settled .....
Tag this Judgment!Court : US Supreme Court
..... an auditor was authorized to do, but what the head of the department should have done in sanctioning an equitable allowance. the act of 27 march, 1804, by which the president of the united states was authorized to attach to the navy yard at washington a captain of the navy for the performance of ..... , to take from one officer certain duties which the law has devolved upon him and require another to discharge them. by the act of 27 march, 1804, the president was authorized to "attach to the navy yard at washington city, and to frigates and other vessels laid up in ordinary in the ..... in payments of fall's pension. . . . . . . . . . . . . . . . . . . . . . 6.00 --------- $1,677.29 by this sum deposited to the credit of the treasurer of the united states, 3 august 1829 . . . . . . . . . . . . . . . . 688.33 --------- balance due the united states, by statement examined by comptroller, 12 august, 1829 . . . . . . . . . . . . . . . . $ 988.96 "thomas h. gillies, act. 4th aud. " page 32 u. s. 10 mr. .....
Tag this Judgment!Court : US Supreme Court
..... the plaintiffs that the merchant appraiser is an officer, and an inferior officer, who, under article ii, section 2, of the constitution could be appointed only by the president, or by a court of law, or by the head of a department. in the present case, the selection of the merchant appraiser, his oath, and the ..... the constitution of the united states, which reads as follows: "the congress may by law vest the appointment of such inferior officers as they think proper in the president alone, in the courts of law, or in the heads of departments," claiming that the merchant appraiser was an inferior officer within the meaning of that provision, and ..... duties are not continuing and permanent, and they are occasional and intermittent. the surgeon is only to act when called on by the commissioner of pensions in some special case, as when some pensioner, or claimant of a pension, presents page 137 u. s. 328 himself for examination. he may make fifty of these examinations in a year or none. he .....
Tag this Judgment!Court : US Supreme Court
..... of congress in the government of interstate commerce. congress may, indeed, it seems to be assumed, compel the elimination of aged employees. a retirement act for that purpose might be passed. but not a pension act. the government's power is conceived to be limited to a requirement that the railroads dismiss their superannuated employees, throwing them out helpless, without any reasonable provision for ..... a joint resolution of congress, of which senator sutherland (now mr. justice sutherland) was chairman. [ footnote 2/3 ] 36 stat. 884. its elaborate and unanimous report, transmitted to congress by president taft with his complete approval, considered the constitutional question in all aspects, upheld the congressional power, and proposed its exercise. sen.doc. no. 338, 62d cong.2d sess. among the .....
Tag this Judgment!Court : US Supreme Court
..... house, as well as from the haunting fear that such a lot awaits them when journey's end is near. congress did not improvise a judgment when it found that the award of old age benefits would be conducive to the general welfare. the president's committee on economic security made an investigation and report, aided by a research staff of ..... report no. 628, 74th congress, 1st session, p. 4. a similar estimate was made in the report to the president of the committee on economic security, 1935, p. 24. a report of the pennsylvania commission on old age pensions made in 1919 (p. 108) after a study of 16,281 persons and interviews with more than 3,500 persons 65 ..... per annum compounded annually." 201(a). not a dollar goes into the account by force of the challenged act alone, unaided by acts to follow. section 202 and later sections prescribe the form of benefits. the principal type is a monthly pension payable to a person after he has attained the age of 65. this benefit is available only to one .....
Tag this Judgment!Court : US Supreme Court
..... age 65, 401(a)(14); and requires an employer to adjust upward an employee s pension benefits if that employee continues to work past age 70 1/ 2, 401(a)(9)(c)(iii). the employee retirement income security act of 1974 makes similar provisions. see, e.g., 29 u. s. c. 1002(24) ( normal retirement age may come at age 65, ..... as much chance of becoming unemployed, and the prospects of earning only half as much. radio and television report to the american people on civil rights, public papers of the presidents, john f. kennedy, no. 237, june, 11, 1963, pp. 468 469 (1964). he gave no examples, and cited no occurrences, of discrimination against whites or indicated ..... proposal, fair labor standards amendments of 1966, 606, 80 stat. 845, which the secretary provided in january 1967. 113 cong. rec. 1377 (1967); see also public papers of the presidents, lyndon b. johnson, vol. 1, jan. 23, 1967, p. 37 (1968) (message to congress urging that [o]pportunity be opened to the many americans over 45 who are .....
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