H olm es v. Jenni-, son, 39 U.S. (14 Pet.Professor Tribe has also argued that the U ruguay Round Agreements must be, ratified as a treaty because its W T O dispute settlement procedures undermines, State sovereignty d ire c tly , rather than by vesting the power to do so in the Presi-, dent.
This m em orandum responds to your request for the opinion of the Office of Le-, gal Counsel as to w hether the Office o f the Vice President (O V P) is an agency, for purposes o f the Freedom o f Information Act, 5 U.S.C. § 552 (FOIA). 4, because the FO IA does not apply to C ongress.
U.S. Const, art. (As so construed, the, [extension legislation] presents no constitutional difficulties).2 See a lso Pension, A gents an d A gencies, 14 Op. Atty Gen. 147 (1872) (discussing the Presidents, power to remove officer serving a term extended by statute).
T h e special airc ra ft ju risd ictio n o f the U nited States includes civil aircraft o f the U nited, S ta te s w hile su ch aircraft is in flight Id. Acts of assistance.USG personnel may employ deadly force against civil aircraft without subjecting, themselves to liability under § 32(b)(2).
is generally expected to, be a head count); Read in the, light o f the testimony, the statutes preclusion o f sam pling need not have meant, that statistical adjustm ent o f census figures was forbidden: Congress may well, have intended only that the decennial census not be a sample census.
, U.S. Const, amend.Once the governm ent files criminal charges against a corporation, the Sixth, Am endm ent forecloses interrogation of the corporation outside the presence of, corporate counsel. Therefore, the civil penalty, amounted to punishm ent as contemplated by the Double Jeopardy Clause.
as such sections relate to employment. HIV infection, w hether or not an individual has developed any overt symp-, toms as a result o f that infection, is a disability under the Rehabilitation Act and, under the A m ericans with Disabilities Act. at 410-11 (Interpretive Guidance to 29 C.F.R.
We have, concluded that the 1988 Opinion erred in concluding that the plain language of the, Davis-Bacon Act bars its application to any lease contract, whether or not the lease, contract also calls for construction of a public work or public building. at 1261 (1988), 11 and a variety of cases.
As we noted in, our m em orandum on Presidential signing statements, the President may properly, announce to Congress and to the public that he will not enforce a provision o f an, enactm ent he is signing. The opinion found, that a provision o f the bill was unconstitutional and severable.
Under, FICA, every employer must deduct its employees share of the FICA tax from their, wages as and when paid., Even if the Back Pay Act were generally applicable here, OPMs proposal that, each agency pay additional interest to its Anderson employees is inconsistent with, § 3102(b) of FICA.
, The O fficial S ta ff In terp retatio n does state th a t an inquiry becom es an application w hen bank personnel, d eterm ine that the in d iv id u al m ak in g the inquiry w ould not q u alify for a loan, and that determ ination is, c onveyed to the individual on the spot.1518 (5th C ir.
Sections of the Guam Commonwealth Bill requiring the mutual consent of the Government of the, United States and the Government of Guam raise serious constitutional questions and are legally, unenforceable. As Chief Justice Marshall stated in Gibbons v. Ogden, 22 U.S. (9 Wheat.
MARAD has explicit authority to issue regulations governing fed-, eral agencies in the administration of their cargo preference programs, and there, is persuasive historical evidence that such program administration, as understood, by Congress, encompasses the promulgation of charter party terms.
You have requested our assistance in determ ining whether equitable transfers of, forfeited property to state and local law enforcem ent agencies should be viewed as, contracts or as conditional gifts. Guidelines at 1. If the obligation is not performed, the donor is entitled, to restitution.
In that analysis, claimants counsel contend that the use of the active, voice in the language of the relocation exclusion provision renders the statute am-, biguous as to the eligibility of relocatees who were involuntarily returned to Japan. Co. v., Gilbert, 429 U.S. 125, 143 (1976).
See Steele v. United States, 267 U.S. 505, 508 (1925) (deputy mar-, shals are chiefly charged with the enforcement of the peace of the United States); indeed, Members of Congress cannot, perform the functions of the Marshals Service without running afoul of separation, of powers principles.
T h e p la n n e d d e p lo y m e n t a cc o rd e d w ith th e sen se o f C o n g re ss, s a tisfie d the re q u ire m e n ts o f th e W ar, P o w ers R e s o lu tio n , an d w as not a w a r w ith in th e m e a n in g o f the C o n stitu tio n . 11 ([t]he Congress shall have Power .
By interposing, concern for the privacy of the children who appear in the pornographic exhibits, admitted at trial, the government can defeat common law claims asserted in support, of public access to such exhibits, and courts can take action to prevent the public, availability o f the exhibits.
B e c a u se U n ite d S ta te s P a ro le C o m m is sio n e rs m a y be re m o v e d b y the P resid e n t at w ill, le g islatio n, e x te n d in g th e te rm s o f o ffic e o f certain P a ro le C o m m is sio n e rs , d oes no t v io la te the A p p o in tm e n ts, C la u se . U.S. Const, art.
half o f NAAUSA., Although the question might be closer in circumstances involving testimony on, matters on which the views of AUSAs might not be deemed to be o f significant, congressional interest, we do not view this hypothetical as presenting a close ques-, tion.
