Court : US Supreme Court
..... the senate or to congress as a whole in the process of choosing the person who will be nominated for appointment. as hamilton emphasized: "in the act of nomination, [the president's] judgment alone would be exercised; and as it would be his sole duty to point out the man who, with the approbation of the senate, ..... fact draw, we are without authority to alter them, and indeed we are empowered to act in particular cases to prevent any other branch from undertaking to alter them. these considerations are decisive of the suit before us. the president's power to nominate principal officers falls within the line of cases in which a balancing approach ..... . the question before us is whether the federal advisory committee act (faca), 86 stat. 770, as amended, 5 u.s.c.app. 1 et seq. (1982 ed. and supp.v), applies to these consultations, and, if it does, whether its application interferes unconstitutionally with the president's prerogative under article ii to nominate and appoint officers of the .....
Tag this Judgment!Court : US Supreme Court
..... (1989), a private suit by retirees against their former employer under the employee retirement income security act of 1974 (erisa), we accorded chevron deference to the pension benefit guaranty corporation's interpretation of 4044(a) of erisa, 29 u. s. c. 1344(a) (1982 ed. and supp. v), that was reflected only in an amicus brief to ..... uses the proper procedures. one is reminded of justice jackson's words in chicago & southern air lines, inc. v. waterman s. s. corp., 333 u. s. 103 , 113 (1948): "the court below considered that after it reviewed the board's order its judgment would be submitted to the president, that his power to disapprove would apply after as well ..... as before the court acts, and hence that there would be no chance .....
Tag this Judgment!Court : US Supreme Court
..... times, for his services, a compensation which shall neither be increased nor diminished during the period for which he shall have been elected. the judges and presidents shall at stated times receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office. ..... principle would arrest necessarily everything like progress or improvement in government, or if changes should be ventured upon, the government would have to become one great pension establishment on which to quarter a host of sinecures. it would especially be difficult, if not impracticable, in this view ever to remodel the organic law ..... practice, for slight and insufficient causes, of calling on those states to justify, before tribunals in some sense foreign to themselves, their acts of general legislation. and page 51 u. s. 416 the extreme of such an abuse would appear to exist in the arraignment of their control over officers and subordinates in the regulation .....
Tag this Judgment!Court : US Supreme Court
..... any executive department of the government in the adjustment of such class of cases, . . . and such facts shall be certified to by the presiding justice of the court of claims, the supreme court shall entertain an appeal on behalf of the united states, without regard to the amount in ..... involves the right of the claimant to a military bounty land warrant under the acts of congress passed march 3d, 1855, and may 14th, 1856, which claim had been rejected by the commissioner of pensions, and the rejection confirmed by the secretary of the interior. the case would seem ..... and to remand it to the court of claims with a view to an amended or special appeal under the fifth section of the act of march 3d, 1863,* which provides 'that when the judgment or decree will affect a class of cases or furnish a precedent for ..... . alire - 73 u.s. 577 (1867) u.s. supreme court u s v. alire, 73 u.s. 577 (1867) 73 u.s. 577 (wall.) united states v. alire. december term, 1867 a motion was subsequently made on the part .....
Tag this Judgment!Court : US Supreme Court
..... the laws of the union to suppress insurrections or to repel invasions, is employed in the service of the united states. page 158 u. s. 115 by article ii, section 2, of the constitution, "the president shall be commander in chief of the army and navy of the united states, and of the militia of the several states, when called into ..... bounty land or to a pension. rev.stat. 1386, 1556, 2426, 4695. he is not, indeed, deemed one of the petty officers, who are entitled to obedience in the execution of their offices from persons of inferior ratings. rev.stat. 1410. nor is he entitled to mileage as an "officer of the navy" under the act of june 30, 1876, ..... pleaded not guilty and the evidence for the united states had been introduced. the court-martial having jurisdiction of the person accused and of the offense charged, and having acted within the scope of its lawful powers, its decision and sentence cannot be reviewed or set aside by the civil courts, by writ of habeas corpus or otherwise. dynes .....
Tag this Judgment!Court : US Supreme Court
..... that territory and within that district, and the service of summons in the above action upon him as such president, the company was "found" in the district within the meaning of the acts of congress. page 196 u. s. 435 nevertheless, the defendant baker, associate justice of the supreme court of the territory and judge of the ..... legislative power of the territory of new mexico should extend to all rightful subjects of legislation consistent with the constitution of the united states. the same act page 196 u. s. 443 divides the territory into three judicial districts, and requires a district court to be held in each of such districts by one of the justices ..... assume jurisdiction in the case referred to was upon the ground that the service upon ripley as president of the company was not, in his opinion, sufficient to subject it personally to the jurisdiction of the court. page 196 u. s. 436 the relief sought was an alternative writ of mandamus, directing judge baker to assume jurisdiction .....
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..... shown that tva was a government corporation, and that it issued no stock or units for sale. the evidence further showed petitioner was editor and vice-president of a newspaper, the huntsville (alabama) daily register, and that the representations occurred during "a community publicity advertising" campaign. he carried a letter ..... years and a fine of $5,000." "a bill to effectuate this purpose is submitted herewith." "sincerely yours," "joseph b. keenan" " acting attorney general " h.rep. no. 1763, 75th cong., 3d sess.; s.rep. no. 823, 75th cong., 1st sess. [ footnote 4 ] may 18, 1933, c. 32, 21, 48 stat. 68: "( ..... pension office of fraudulent practices affecting pension claimants. there is nothing in the legislative history which throws any light on the problem posed. [ footnote 1 ] nor do we find any fruitful comments in the various reports preliminary to the enactment of the criminal code which adopted the original language without significant change. [ footnote 2 ] subsequently to the acts .....
Tag this Judgment!Court : US Supreme Court
..... historians speak, attributing to all members of both houses of congress (or at least to a majority of the members of each house), and to the president (or, if the president did not sign the bill in question, then to at least two-thirds of the members of both houses of congress) views expressed by the particular personage ..... to enforce the statute as written even if fully convinced that every member of the enacting congress, as well as the president who signed the act, intended a different result. again, we disagree. see wisconsin public intervenor v. mortier, 501 u. s. 597, 610, n. 4 (1991). 519 before the provision at issue was enacted. that is not merely ..... of an insignificant member, since the speaker was the chairman of the house judiciary committee, the committee that re- pension of disbelief-that two-thirds of the members of both houses of congress (or a majority plus the president) were aware of those statements and must have agreed with them; or perhaps it is to be assumedby a .....
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..... chandler in 1988, when chandler entered into a lease-purchase agreement for the plane, moved it to illinois, *briefs of amici curiae urging affirmance were filed for the pension benefit guaranty corporation by james j. keightley, william g. beyer, israel goldowitz, nathaniel rayle, and charles g. cole; for the state of new mexico et al ..... , assistant attorney general. deputy solicitor general wallace argued the cause for the united states as amicus curiae urging affirmance. with him on the brief were solicitor general waxman, act- 17 ing assistant attorney general junghans, kent l. jones, kenneth l. greene, and steven w parks. * justice souter delivered the opinion of the court. the ..... officer but, in any event, had not satisfied his burden of persuasion. because stoecker was the president and, as far as the record showed, he and pluhar were the only officers, each would have been involved in chandler's tax affairs. ibid. while it is true that failure to pay must be willful (at least grossly .....
Tag this Judgment!Court : US Supreme Court
..... a building for the accommodation of the united states courts, custom house, united states depository, post office, internal revenue and pension offices, at a cost not exceeding $300,000, and a proviso to the act declared that no money should be expended in the purchase until the state of ohio should cede its jurisdiction over the site ..... contains a provision that private property shall not be taken for public use without just compensation. what is that but an implied assertion that, on page 91 u. s. 373 making just compensation, it may be taken? in cooley on constitutional limitations 526 it is said: "so far as the general government may deem it important ..... as follows: "for purchase of site for the building for custom house and post office at cincinnati, ohio, seven hundred and fifty thousand dollars." page 91 u. s. 371 mr. justice strong delivered the opinion of the court. it has not been seriously contended during the argument that the united states government is without power to .....
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