United States-Canada Free Trade Agreement: Hearing Before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, Second Session, on United States-Canada Free Trade Agreement, April 28, 1988, Հատոր 4U.S. Government Printing Office, 1988 - 837 էջ |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 2
... jurisdiction , and secondly , are there constitutional im- pediments to the removal of Federal Court jurisdiction within our system . The first question is one of policy . In recent years , the Congress has tended to expand judicial ...
... jurisdiction , and secondly , are there constitutional im- pediments to the removal of Federal Court jurisdiction within our system . The first question is one of policy . In recent years , the Congress has tended to expand judicial ...
Էջ 23
... jurisdiction to implement the Agreement . They establish that the Agreement generally will take precedence over pre - existing agreements , except where specified , and they agree to treat each other's goods , services and investment as ...
... jurisdiction to implement the Agreement . They establish that the Agreement generally will take precedence over pre - existing agreements , except where specified , and they agree to treat each other's goods , services and investment as ...
Էջ 111
... jurisdiction is an exception to an otherwise broad congressional power to allocate the judicial power created by Article III . Adjudicative matters falling within the federal question jurisdiction have been assigned to a wide variety of ...
... jurisdiction is an exception to an otherwise broad congressional power to allocate the judicial power created by Article III . Adjudicative matters falling within the federal question jurisdiction have been assigned to a wide variety of ...
Էջ 118
... jurisdiction is universally considered to be broad-- the problem is one of articulating limits . Second , much of what the executive branch does is functionally adjudicative in nature , for example making the fact determinations on ...
... jurisdiction is universally considered to be broad-- the problem is one of articulating limits . Second , much of what the executive branch does is functionally adjudicative in nature , for example making the fact determinations on ...
Էջ 126
... jurisdiction still exists and an express provi- sion on jurisdiction over such claims would ensure that any Article III concerns over the removal of constitutional review are ad- dressed in the implementing legislation . Second , we ...
... jurisdiction still exists and an express provi- sion on jurisdiction over such claims would ensure that any Article III concerns over the removal of constitutional review are ad- dressed in the implementing legislation . Second , we ...
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Common terms and phrases
action AD/CVD determinations AD/CVD laws administrative agency agree amendment American ANDERSON Anti-dumping Tribunal antidumping and countervailing apply Appointments Clause April 11 Article III court authority bilateral binational panel review binding Buckley Canadian Import Tribunal Chairman challenge Commerce Committee Company Congress congressional constitutional issues constitutionality Corporation countervailing duty Court of International Customs Dames & Moore domestic due process dumped or subsidized duty determinations effect established export federal courts foreign Free Trade Agreement FTA's GATT implementing legislation industry injury international agreement international arbitration international law International Trade Commission involving Jay's Treaty judges judicial power judicial review jurisdiction KASTENMEIER matter negotiations officers panel decisions panelists President private parties procedures provisions pursuant question roster rules Section Senate sovereign immunity Stat statute statutory subsidies Supreme Court tariff Treaty Series U.S. and Canada U.S. Const U.S. Court U.S. law U.S.-Canada United violate
Սիրված հատվածներ
Էջ 195 - It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.
Էջ 195 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States.
Էջ 377 - He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it.
Էջ 400 - As a part of this act of ratification that the United States approve the protocol and statute hereinabove mentioned, with the understanding that recourse to the Permanent Court of International Justice for the settlement of differences between the United States and any other State or States can be had only by agreement thereto through general or special treaties...
Էջ 339 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination.
Էջ 551 - To the Constitution of the United States the term sovereign is totally unknown. There is but one place where it could have been used with propriety. But, even in that place it would not, perhaps, have comported with the delicacy of those who ordained and established that Constitution. They might have announced themselves "sovereign" people of the United States: But serenely conscious of the fact, they avoided the ostentatious declaration.
Էջ 400 - Power shall select four persons at the most, of known competency in questions of international law, of the highest moral reputation, and disposed to accept the duties of Arbitrators.
Էջ 238 - At the same time there are matters, involving public rights, which may be presented in such form that the judicial power is capable of acting on them, and which are susceptible of judicial determination, but which congress may or may not bring within the cognizance of the courts of the United States, as it may deem proper.
Էջ 378 - ... congressional legislation which is to be made effective 257 through negotiation and inquiry within the international field must often accord to the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved.
Էջ 378 - Congress would be supported by the strongest of presumptions and the widest latitude of judicial interpretation, and the burden of persuasion would rest heavily upon any who might attack it.