Thus, the, fact that discouraging automobile commuting is one of the stated reasons for the, Clean Air Fee does not convert it from a tax into a regulatory fee when its rev-, enue-raising purpose in support of separate, non-regulatory government operations, is so direct and substantial.
by making an executive agreement with our treaty partners, without Senate advice and consent. See Karnuth v. United States, 279 U.S., 231, 239-41 (1929) (Declaration o f War o f 1812 abrogated provision o f Treaty of 1794 granting British subjects, right freely to enter United States);
1116 and 1201 o f the Criminal Code, those provisions authorize federal agencies to provide their, em ployees to assist in security operations at the Atlanta Olympics upon request of the Attorney, General.expanded the Act to encompass crimes against official guests of the United, States.
The Constitution would not bar the federal government from establishing the kind o f govemment-, to-govemment relationship it presently maintains with federally recognized Indian tribes with other, appropriately constituted indigenous communities within the jurisdiction of the United States.
Neither 47 U.S.C. § 1002(a) nor the Fourth Amendment o f the Constitution prohibits a wireless car-, riers transmission to local public safety organizations o f information regarding the physical loca-, tion of a caller who uses a cellular telephone to dial the 911 emergency line.
, 44 Stat. at 910-11. Since the public debt obligations the FFB intends to receive in exchange for the USPS, and TVA obligations were issued by Treasury, a federal agency* under the FFB Act, it would appear that the, FFB has the authority to purchase them from the CSRDF.
The Constitutional Separation of Powers Between the President, and Congress, T h is m em o ran d u m provides an overview o f the constitutional issues th at periodically arise concerning, the relatio n sh ip betw een the executive and legislative branches o f the federal governm ent.Authority.
The Emolum ents Clause o f the Constitution does not bar a proposed cooperative maritime counter-, narcotics operation, because the foreign naval personnel assisting U.S. law enforcement personnel, would not hold an Office of Profit or Trust under the United States. Agreement are fully reciprocal;
The A dvisory C om m ittee on International E conom ic Policy is not subject to the E m olum ents Clause. We therefore believe that, the members of the IEP Advisory Committee do not occupy Office[s] of Profit, or Trust under the Emoluments Clause.
Submission of Aviation Insurance Program, Claims to Binding Arbitration In insurance policies issued to air carriers pursuant to authority arising under chapter 443 o f title, 49, the Secretary o f Transportation may include 50-50 clauses, which require that disputes
U.S. Const, art., Here, striking only the unconstitutional committee approval clause leaves stand-, ing the bar against use of appropriations to implement the regulation, together, with a separate proviso that the regulation may take effect through the enact-, ment o f authorizing legislation.
Section 208 prohibits any, officer or employee of the executive branch from participating as a government, official in any particular matter in which an organization in which he is serv-, ing as officer, director, trustee, general partner or employee . 136 (1994) ( Connie Lee opinion ).
Section 609 of the FY 1996 Omnibus Appropriations Act A provision of an appropriations law purporting to condition the use of funds to pay for the United, States diplomatic representation to Vietnam on the Presidents making a particular detailed certifi-
In Fleming v. Salem Box Co., 38 F., Supp., The technical or clerical error doctrine directs courts, when necessary, to, look beyond a statutes literal language to the statutes legislative history to fash-, ion an interpretation that is consistent with Congresss intention in passing the, statute.
, Based on these circumstances, it is my legal judgment that executive privilege, may properly be asserted with respect to the entire set of White House Counsels, Office documents currently being withheld from the Committee, pending a final, Presidential decision on the matter.
or removal. Reform Act §302(a), INA § 235(b)(2)(A), 110 Stat. 3009-582.4, Those aliens who do not land on U.S. soil, in contrast, do not constitute applicants, for admission and therefore need not be inspected or screened by an immigration, officer. Arrest Opinion at 3 (emphasis added).
The Mexican Debt Disclosure Act of 1995 requires that, before certain assistance is extended to Mex-, ico, the President must certify that he has provided the House of Representatives with the docu-, ments described in House Resolution 80. United States v. Klein, 80 U.S. (13 W all.
Presidents constitutional authority to control the tactical and operational deploy-, ment of U.S. forces.5 Congress cannot, however, burden or infringe the Presi-, dents exercise of a core constitutional power by attaching conditions precedent, to the exercise of that power.
See Larson v. Valente, 456 U.S. 228, 246 (1982).the Court has stated, where government acts with the proper purpose of lifting, a regulation that burdens the exercise of religion, [there is] no reason to require, that the exemption comes packaged with benefits to secular entities.
Accordingly, we conclude that Representative Peterson is not constitutionally, ineligible for appointment as Ambassador to Vietnam, provided that the President, finally creates that office after Representative Petersons term of office as a Mem-, ber of Congress has expired on January 3, 1997.
