Federal Organization of Legal Functions

1939 ◽  
Vol 33 (6) ◽  
pp. 973-1000
Author(s):  
Carl Brent Swisher
Keyword(s):  
Executive Branch ◽  
Foreign Affairs ◽  
Limited Extent ◽  
Department Of Justice ◽  
Centralized Management ◽  
The Supreme Court ◽  
Federal Organization ◽  
The Government ◽  
The One ◽  
Work Done

Varied tasks throughout the vast field of activities of the executive branch of the federal government can be performed only by persons with training in one of more branches of law. The tasks run all the way from the administration of locally established rules and regulations of the several government agencies to the argument of fundamentally important constitutional questions before the Supreme Court. Down through the years of American history there has been conflict of opinion as to the proper mode of organizing the legal work of the government. It is contended, on the one hand, that functions of a highly specialized and highly professionalized character such as those of law ought, in the interest of symmetry and efficiency, to be integrated under centralized management. To a limited extent, such integration has been brought about in the Department of Justice. On the other hand, it is contended that the work of lawyers merely aids in the performance of more fundamental classifications of work done by the government, and that organization should be in terms of such topics as finance, foreign affairs, commerce, agriculture, and labor, with legal tasks grouped in subordinate categories and subject to control only by the respective heads of the major organizations. In line with this contention, all major departments and most other agencies have staffs of lawyers not directly connected with the Department of Justice.

The Federal Trade Commission: The Development of the Law which led to its Establishment

1915 ◽  
Vol 9 (1) ◽  
pp. 57-67
Author(s):  
James A. Fayne
Keyword(s):  
Federal Trade Commission ◽  
Executive Branch ◽  
Department Of Justice ◽  
Private Business ◽  
Administrative Work ◽  
Regulate Competition ◽  
Corporation Law ◽  
The Supreme Court ◽  
The Government ◽  
Circuit Courts

It was Munn vs. Illinois that first interpreted the constitutional provision empowering Congress to regulate commerce in such a way as to charge private business with a public interest. Since that epochal finding our courts have made comparatively swift progress, reaching ultimately (through the Standard Oil and tobacco decisions) a federal trade commission to regulate competition in trade and to restrain illegal combinations. All of this has been done during the professional life of many lawyers of today, for Munn vs. Illinois was decided in 1876.Writers upon the trend of legislation and of court decisions had clearly predicted this last development of corporation law. The incident of climax importance however, was the remanding of the oil and tobacco cases to the circuit courts where the decrees of dissolution were to be worked out in conjunction with the department of justice. This was administrative work, and a department of the executive branch of the government should do it. Hence the creation of the trade commission, empowered to investigate the carrying out of the decrees of the supreme court and to prepare the form of decree in certain cases referred to it by the circuit courts.

Legislatures and Foreign Relations

1917 ◽  
Vol 11 (4) ◽  
pp. 643-684 ◽  
Author(s):  
Denys P. Myers
Keyword(s):  
Foreign Relations ◽  
Executive Branch ◽  
The State ◽  
Foreign Affairs ◽  
Treaty Ratification ◽  
Legislative Control ◽  
Complete Independence ◽  
The Government ◽  
International Phenomenon ◽  
Complete Dependence

In a previous paper foreign relations as a phase of governmental activity were considered chiefly as an international phenomenon. Such relations were there discussed largely in their political bearing and some attempt was made to deduce from practice the considerations which affect foreign offices and the conditions encountered by diplomatic personnel. The problems of secrecy in negotiations and of secret treaties were examined and an effort made to indicate how much knowledge of both may be justifiably concealed. The present paper is a study of legislative control over foreign relations.Systems of legislative handling of foreign relations may be distinguished as of three types, which we may designate as the continental, the executive, and the American. The American type is characterized by an imposed agreement between the executive and legislative departments of government before treaties can become binding upon the state. The continental type is characterized by a less complete dependence of the executive upon the legislative department in respect to treaty ratification. The executive type is characterized by an almost complete independence of the executive respecting treaty ratification.All systems recognize definitely that the conduct of foreign relations is an executive function. None denies the patent facts that it is the place of the executive to speak and act for the state, and that, in all matters not definable as legislation, the minister can definitely bind the state. Innumerable decisions under all systems are reached by the department of foreign affairs without any but the executive branch of the government knowing anything of them until they are recorded facts.

Conclusion

2019 ◽  
pp. 252-258
Author(s):  
Martin S. Flaherty
Keyword(s):  
International Relations ◽  
Supreme Court ◽  
Executive Branch ◽  
Foreign Affairs ◽  
Federal Judiciary ◽  
The Supreme Court ◽  
Legislative Branch ◽  
Wrong Direction

This concluding chapter concedes that, in many of the areas considered, on certain issues the federal judiciary has already proceeded perilously far in the wrong direction. Justice Jackson's opinion in Youngstown helps explain why, citing the distinct advantages of the executive in particular in asserting foreign affairs powers in a dangerous world, especially given a subservient legislative branch. The executive's advantages, moreover, may be even more ominously robust than Jackson supposed, and not just because of the nature of modern international relations. The combination of aggressive executive and supine Congress has for some time reached into the composition of the Supreme Court itself. Typical among recent appointments are candidates with executive branch experience and an ensuing commitment to judicial deference to the president, especially in foreign affairs.

Developments in Constitutional Law: Selected Topics

1990 ◽  
Vol 24 (3-4) ◽  
pp. 368-430 ◽  
Author(s):  
Shimon Shetreet
Keyword(s):  
Civil Rights ◽  
Prime Minister ◽  
Executive Branch ◽  
The State ◽  
Constitutional Protection ◽  
The Supreme Court ◽  
The Status ◽  
Relative Status ◽  
The Government ◽  
State Of Israel

The first forty years of the State of Israel witnessed significant changes in the relative status of the various branches of government. The executive was quite powerful during the early decades of the State's existence, thanks to the strong leadership of the first Prime Minister and founding father, David Ben Gurion. Accordingly, the status of the Supreme Court during that period was weak in comparison to the Executive Branch, i.e. the Government. Subsequently, the government's position weakened as the judiciary gained strength. This phenomenon was expressed in the increasing recourse to the courts to consider issues that had previously been the exclusive domain of the government. The judiciary's broader role and enhanced position vis-à-vis the executive did not bring about commensurate constitutional protection of the judicial system. In fact, we may observe a certain decline in this respect that hopefully, will be rectified when the Constitution of the State of Israel is completed with the enactment of Basic Laws on Human and Civil Rights coupled with legislation that will provide the requisite constitutional protection.

scholarly journals KEDUDUKAN MAHKAMAH KONSTITUSI SEBAGAI LEMBAGA NEGARA BERDASARKAN UNDANG-UNDANG DASAR 1945

Solusi ◽  
2019 ◽  
Vol 17 (2) ◽  
pp. 94-105
Author(s):  
Johansyah Johansyah
Keyword(s):  
Political Parties ◽  
House Of Representatives ◽  
Vice President ◽  
Executive Branch ◽  
Constitutional Court ◽  
State Institutions ◽  
The Supreme Court ◽  
Election Results ◽  
The Republic ◽  
The Government

The Constitutional Court is the executive branch of the judiciary that is independent and separate from other branches of power, namely the government (executive) and legislative institutions. The Constitutional Court as a first and last level judiciary does not have an organizational structure as large as the Supreme Court which is the peak of a judicial system whose structure is vertically and horizontally covers five judicial environments, namely the general court environment, the state administrative court environment, the religious court environment, and military court environment. As an organ of judicial power that operates the judicial function, the Constitutional Court is independent, both structurally and functionally. The functions and authorities of the Constitutional Court based on Law No. 24 of 2003, namely the Constitutional Court has the authority to hear: Test the laws against the Republic of Indonesia 1945 Constitution; Decide on authority disputes between state institutions whose authority is granted by the Republic of Indonesia 1945 Constitution; Decide the dissolution of political parties; Decide disputes about election results; Give a verdict on the opinion of the House of Representatives that the President and / or Vice-President are suspected of violating the law in the form of treason, corruption, bribery, other serious crimes, or despicable acts, or no longer fulfill the conditions as President and or Vice President, as intended in the Republic of Indonesia 1945 Constitution.

The Pentagon Papers Framework, Fifty Years Later

2021 ◽  
pp. 1-22
Author(s):  
Allison Aviki ◽  
Jonathan Cedarbaum ◽  
Rebecca Lee ◽  
Jessica Lutkenhaus ◽  
Seth P. Waxman ◽  
...  
Keyword(s):  
New York ◽  
National Security ◽  
Freedom Of Expression ◽  
New York Times ◽  
National Defense ◽  
The Press ◽  
The Supreme Court ◽  
The Government ◽  
The One

In New York Times Co. v. United States,1 the Supreme Court confronted a problem that is inherent in a democratic society that values freedom of expression and, in particular, the role of the press in challenging the truthfulness of claims by the government, especially in the realm of national security. On the one hand, as Justice Potter Stewart wrote in his concurring opinion, “it is elementary” that “the maintenance of an effective national defense require[s] both confidentiality and secrecy.”...

Criminal Law in Internal Conflict of Laws in Malaŵi

1985 ◽  
Vol 29 (2) ◽  
pp. 129-146 ◽  
Author(s):  
Matembo Nzunda
Keyword(s):  
Supreme Court ◽  
Executive Branch ◽  
Internal Conflict ◽  
Appellate Court ◽  
Criminal Jurisdiction ◽  
Appeal Court ◽  
The Supreme Court ◽  
The Government ◽  
Appeal Courts ◽  
Court Of Appeal

Malaŵi has two sets of courts which run completely parallel to each other. One set forms the Judicial Branch of the Government and consists of magistrates’ courts (which have original civil and criminal jurisdiction only), the High Court (which has unlimited original and appellate civil and criminal jurisdiction) and the Supreme Court of Appeal (which has original criminal jurisdiction for contempt of court but otherwise has appellate civil and criminal jurisdiction). The Supreme Court of Appeal is a final appellate court in this set of courts. These courts are here called Received Courts because they apply the received (English) common law as the basic law.The other set of courts is a section of the Ministry of Justice (which is part of the Executive Branch of the Government). The set consists of Traditional Courts of Grades A and B, the Traditional Appeal Courts (which hear and determine appeals from Traditional Courts of Grades A and B), District Traditional Courts, Regional Traditional Courts and the National Traditional Appeal Court (which hears and determines appeals from Traditional Appeal Courts, District Traditional Courts and Regional Traditional Courts). The civil and criminal jurisdiction of Traditional Courts is set out in the warrant establishing the Court and is supplemented from time to time by published ministerial orders under the authority of the Traditional Courts Act (the 1962 Act). The National Traditional Appeal Court is a final appellate court in this set of courts.

scholarly journals Upah Berkeadi lan Ditin jau dari P erspektif Islam

2018 ◽  
Vol 5 (2) ◽  
pp. 265 ◽  
Author(s):  
Armansyah Waliam
Keyword(s):  
Employee Productivity ◽  
Health Security ◽  
Human Power ◽  
Literary Research ◽  
Education And Health ◽  
Decent Life ◽  
Human Labor ◽  
The Government ◽  
The One ◽  
Work Done

This study is motivated by the popular use of human power in human civilization and in accordance with its nature as a creature of god that needs each other. The need for more manpower to spur the growth of production that ultimately the utilization of human labor is identical to the work and wages provided by the company. While the government sees wages, on the one hand to ensure the fulfillment of a decent life for workers and their families, increases employee productivity and increases people’s purchasing power, on the other hand to promote business progress and competitiveness. This study uses a qualitative approach with literary research nuances. The study also aims to provide answers to wage polemics, in which workers hold that wages are a source of income to meet the needs of himself and family and a reflection of job satisfaction. It is therefore necessary to provide salary or wage solutions in Islamic perspective. The results of this study indicate that wages in Islam are compensation received by workers for the benefits of work done properly and correctly, in the form of material and reward based on the principles of al-’adl and morals with respect to humanity aspect. Based on the principle of justice and morals, the excess wages in Islam is closely related to the principle of morality that is able to meet basic needs, education, and health security well and honorable, so that wages are not only limited to mere material (dimension of the world) but penetrate the limits of life, the dimension akherat .

scholarly journals PENGUATAN REGULASI DALAM PENCEGAHAN DAN PENANGGULANGAN PERKAWINAN ANAK

2019 ◽  
Vol 1 (1) ◽  
pp. 75-87
Author(s):  
Nurnazli Nazli
Keyword(s):  
Child Marriage ◽  
Age Difference ◽  
Negative Effects ◽  
Indonesian Government ◽  
The Supreme Court ◽  
The Family ◽  
Minimum Age ◽  
The Government ◽  
The One ◽  
Age Of Marriage

This article elaborates on solutions to promote and strengthen the regulation preventing child marriage practices in Indonesia, so the purpose of marriage that to create a happy and eternal family will be created based on the One True God. The equality paradigm in determining the minimum age of marriage has been realized by the Indonesian Government by raising Law No. 16 of 2019 on Amendment to Law No 1 of 1974 on Marriage. Article 7 paragraph (1) on the Post Revised Marriage Law explains that the minimum age for a marriage is 19 years and no age difference between spouses (men and women). The purpose of the Act is the Indonesian government can be more serious in minimizing the child marriages that still happen today. This research found that the following steps can strengthen the regulation preventing child marriage. First, create intense communication within the family. Secondly, it involves the judiciary in the context of enforcing rules regarding the age limit of marriage. Third, the Supreme Court must immediately make rules that can complicate marriage dispensation. Fourth, providing socialization related to the rule of law regarding the minimum age for marriage and counseling about the negative effects of child marriage. Fifth, open opportunities for adolescents to develop their potential, so that the gap in the child marriage can be minimized. To realize these steps, the government, parents and the community must work together in accordance with their respective capacities.

scholarly journals Evaluating the Impact of the Indian Supreme Court Judgment on Sex-Selective Abortion

2019 ◽  
Author(s):  
Sital Kalantry
Keyword(s):  
Supreme Court ◽  
Power Plants ◽  
Executive Branch ◽  
Selective Abortion ◽  
Public Interest Litigation ◽  
The Supreme Court ◽  
Sex Selective Abortion ◽  
The Government ◽  
Indian Supreme Court ◽  
The Impact

Lawyers bring public interest litigation cases (“PIL”) to the Indian Supreme Court seeking many different types of remedies, including to prevent the construction of power plants that may damage the environment or to prevent violations of rights of a group of people. The Indian Supreme Court (the “Supreme Court” or “Court”) sometimes responds by creating guidelines like what the executive branch might do. But in many PIL cases, litigants are not asking for the creating of new rules, but instead they are simply asking the Supreme Court to encourage the government to amend, implement, and enforce laws that already exist.

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