Constitutional Implications of the Chemical Weapons Convention: Hearing Before the Subcommittee on the Constitution, Federalism, and Property Rights of the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, Second Session ... September 10, 1996, Հատոր 4U.S. Government Printing Office, 1997 - 110 էջ |
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Common terms and phrases
administrative search warrant administrative warrant agency American Appointments Clause arbitrators Arms Control Auffmordt believe Buckley Chairman challenge inspection Chemical Demilitarization chemical industry Chemical Stockpile Chemical Weapons Convention citizens committee concerning conduct confidentiality CONG CONGRES CONGRESS THE LIBRARY constitutionality Convention's criminal DECKER disposal employees federal government federal law Fifth Amendment Fourth Amendment going implementing legislation inferior officers inspec inspection team inspectors issue John Yoo LIBRA LIBRARY OF CONGRESS ment obligations Office of Legal on-site OPCW party pervasively regulated PILON President probable cause Professor Kellman Professor Yoo prohibit protect pursuant question qui tam raised RARY regulatory RESS ROGER PILON routine inspections Schedule search warrant searches and seizures Senator BROWN Senator KYL Senator SIMON separation of powers SHIFFRIN spection statute Supreme Court Technical Secretariat Thank tion treaty U.S. Government U.S. SENATOR undeclared facilities United verification procedures violate warrant requirement warrantless searches
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Էջ 35 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Էջ 83 - An office is a public station, or employment, conferred by the appointment of government. The term embraces the ideas of tenure, duration, emolument, and duties.
Էջ 87 - The officer is distinguished from the employee in the greater importance, dignity and independence of his position; in being required to take an .official oath, and perhaps to give an official bond; in the liability to be called to account as a public offender for misfeasance or nonfeasance in office, and usually, though not necessarily, in the tenure of his position.
Էջ 84 - an employment,' it does not follow that every employment is an office. A man may certainly be employed under a contract, express or implied, to do an act, or perform a service, without becoming an officer.
Էջ 18 - all persons who can be said to hold an office under the government" in United States v. Germaine, supra, is a term intended to have substantive meaning. We think its fair import is that any appointee exercising significant authority pursuant to the laws of the United States is an Officer of the United States, and must, therefore, be appointed in the manner prescribed by § 2, cl.
Էջ 88 - ... manifest by the terms of the Constitution, which provides that "Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.
Էջ 93 - S. Ct. at 973 ('It surely cannot be that government, state or federal, is able to evade the most solemn obligations imposed in the Constitution by simply resorting to the corporate form."). Thus, we do not believe that Congress may evade the 'solemn obligations" of the doctrine of separation of powers by resorting to the corporate form any more than it may evade the obligations of the Bill of Rights through this artifice.
Էջ 39 - ... pursuant to Article III, paragraph 1 (d), negotiations shall be conducted and managed access commenced not later than 12 hours after arrival at the final perimeter. 44. in carrying out the challenge inspection in accordance with the inspection request, the inspection team shall use only those methods necessary to provide sufficient relevant facts to clarify the concern about possible non-compliance with the provisions of this Convention, and shall refrain from activities not relevant thereto.
Էջ 37 - ... establishment or other place where pesticides or devices are held for distribution or sale, appropriate credentials and a written statement as to the reason for the inspection, including a statement as to whether a violation of the law is suspected. If no violation is suspected, an alternate and sufficient reason shall be given in writing.
Էջ 104 - This protection reaches all alike, whether accused of crime or not, and the duty of giving to it force and effect is obligatory upon all entrusted under our Federal system with the enforcement of the laws.