Executive Orders—A Bibliographical Note

1935 ◽  
Vol 29 (2) ◽  
pp. 246-249
Author(s):  
Everett S. Brown

Sharp criticism by Chief Justice Hughes and Associate Justice Brandeis of the Supreme Court, in the Eastern Texas oil case, of the haphazard manner in which executive and administrative orders having the force of law are distributed attracted public attention to a much-needed reform which has been advocated at intervals by political scientists. Lack of definite information concerning the issuance of these orders, combined with their rapidly increasing number and importance under the codes of fair competition, are factors in the growing demand that they be published in some definite and available form.If one consults the Catalogue of Public Documents, under the subject “executive orders,” one finds the following: “See notes, entries, and lists of references under President of the United States. Executive orders—also subjects of orders.”

2019 ◽  
Vol 1 (54) ◽  
pp. 499
Author(s):  
Edilton MEIRELES

RESUMONeste trabalho tratamos do direito de manifestação em piquetes e da responsabilidade que possa advir desses atos em face da jurisprudência da Suprema Corte dos Estados Unidos da América. A partir da análise das principais decisões da Suprema Corte se pode concluir que, de modo geral, os participantes do piquete não respondem quando agem de forma não ilegal. Está sedimentado, no entanto, o entendimento de que o organizador do piquete responde pelos atos dos participantes. A pesquisa desenvolvida se justifica enquanto estudo comparativo e diante do pouco debate existente no Brasil a respeito do tema. Na pesquisa foi utilizado o método dedutivo, limitada à ciência dogmática do direito, com estudo de casos apreciados pelo judiciário. PALAVRAS-CHAVES: Responsabilidade; Piquete; Estados Unidos; Suprema Corte; Liberdade De Expressão. ABSTRACTIn this work we deal with the right of demonstration in pickets and the responsibility that may arise from these acts in the face of the jurisprudence of the Supreme Court of the United States of America. From the analysis of the Supreme Court's main decisions it can be concluded that, in general, the picket participants do not respond when they act in a non-illegal way. It is settled, however, the understanding that the picket organizer responds by the acts of the participants. The research developed is justified as a comparative study and in view of the little debate that exists in Brazil regarding the subject. In the research was used the deductive method, limited to the dogmatic science of law, with study of cases appreciated by the judiciary.KEYWORDS: Responsibility; Picket; United States; Supreme Court; Freedom Of Expression.


1924 ◽  
Vol 18 (1) ◽  
pp. 49-78 ◽  
Author(s):  
Edward S. Corwin

The opening paragraph of Section 8 of Article 1 of the Constitution reads as follows: “Congress shall have power to lay and collect taxes‥‥ to pay the debts and provide for the common defense and general welfare of the United States.” For what purposes may Congress, in light of this phraseology, spend money raised by national taxation? Hamilton answered, for any purposes which Congress itself found to be promotive of the general welfare. Madison, on the contrary, held the power thus granted to be only instrumental—Congress might spend money only as a means of carrying into effect its other granted powers. So far as the practice of Congress is concerned, Hamilton's view has long since prevailed, but the Supreme Court has never had occasion so far to develop its theory on the subject. Its failure, therefore, to seize the opportunity proferred it in the Maternity Act cases is somewhat disappointing.By the Maternity Act of November 23, 1921 Congress extends financial aid, in the work of reducing maternal and infant mortality, and protecting the health of mothers and infants, to such states as shall accept and comply with the provisions of the act. The act was attacked on two grounds; first, that the appropriations voted were “for purposes not national, but local to the states,” and secondly, that the acceptance by a state of the terms of the act would constitute a surrender by it of its reserved powers.


1924 ◽  
Vol 18 (4) ◽  
pp. 737-759
Author(s):  
Alan H. Monroe

Ever since the famous case of Marbury v. Madison in 1803, the United States Supreme Court has exercised the power of declaring acts of Congress unconstitutional and of refusing to enforce them as law. From the beginning, the exercise of this power has been the subject of great controversies as to both theory and practice. It has been assailed as subverting the true nature of our government. It has been stigmatized as the foundation of a judicial obligarchy. It has been attacked as a means for the nullification of the popular will as expressed in Congress. It will be the purpose of this paper, therefore, to inquire into the use of this power in relation to acts of Congress with especial regard to (1) the criticisms that have been made at various times throughout American history, and (2) the proposals that have been made to modify the exercise of this power.


1988 ◽  
Vol 43 (12) ◽  
pp. 1019-1028 ◽  
Author(s):  
Donald N. Bersoff ◽  
Laurel P. Malson ◽  
Donald B. Verrilli

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