In these years, it became ever clearer that George W. Bush, Dick Cheney, and their supporters were claiming, and actively assuming, powers specifically denied to
a president by our Constitution.
By the authority vested in me as
President by the Constitution and the laws of the United States of America, I hereby direct the following:
An executive order is a way of memorializing in writing Presidential authority that is either expressly granted to
the President by the constitution or statute, or is left to President by implication either from a lack of guidance or as a result of the structure of the constitution and historical precedent.
Not exact matches
So, in 1947, Congress passed the 22nd Amendment to the U.S.
Constitution, which was ratified
by all 50 states in 1951, limiting U.S.
Presidents to two four - year terms.
NOW, THEREFORE, I, BARACK OBAMA,
President of the United States of America,
by virtue of the authority vested in me
by the
Constitution and the laws of the United States, do hereby proclaim June 16 through June 22, 2013, as National Small Business Week.
The long - awaited reform was promised
by the 2014
constitution after the overthrow of Muslim Brotherhood
president Mohamed Morsi.
Fresno Pacific University
president Richard Kriegbaum wrote in early June that the bill «would severely restrict the free and full exercise of religious freedom granted
by the First Amendment of the
Constitution of the United States.»
On 23 February, the United States Attorney General, Eric Holder, Jr., sent a letter to members of Congress in which he informed them that
President Obama had determined that DOMA is in violation of the equal protection clause of the Fifth Amendment of the United States
Constitution, and, as such, will no longer be defended
by his administration.
Benito Juárez, supreme court justice and then
president, was the liberals» foremost leader and engineer of the 1857
constitution (for which he is now honored
by schoolchildren as the first among national heroes).37 Earlier outlawed had been any but «secular» education and the use of civil machinery to enforce religious vows and payment of church tithes.
Watson seemed particularly rankled
by the Justice Department's plea for him to rule specifically on the language of the travel ban itself and not make his decision based on some of
President Trump and his colleagues» language about the ban — language which made it clear the ban violates the spirit of the
Constitution.
If the branches of the federal government are truly coequal, if the
President and Congress are not subordinated to the Court
by the
Constitution (except insofar as the Court might declare them to be), then the theme of «judicial restraint» that runs wistfully through your symposium is less an appeal for the impossible than a misconstrual of the problem.
Once passed, the new legislation will allow Christians to build and renovate their churches as stipulated
by the
constitution, a far cry from the days of toppled
President Hosni Mubarak, when building and restoring churches required a presidential decree.
Twenty - one years after the RFRA was introduced in the House of Representatives
by Chuck Schumer, passed nearly unanimously
by Congress, and signed into law
by President Bill Clinton, the Freedom From Religion Foundation has filed an amicus brief asking the Supreme Court to strike it down as an unconstitutional «takeover of the Court's power to interpret the
Constitution» and a violation of the Establishment Clause.
Then again, what does it say about the coherence of those intentions when,
by Hamburger's own account, at least three of our first seven
presidents, including an influential drafter of the
Constitution and the author of the Declaration of Independence, seem to have held separationist views outside the mainstream of their time?
Such freedom was enshrined in the First Amendment to the
Constitution and codified in the Religious Freedom Restoration Act, supported and signed into law in 1993
by President Bill Clinton.
An executive order of the
President must find support in the
Constitution, either in a clause granting the
President specific power, or
by a delegation of power
by Congress to the
President.
President Washington would have also been disqualified
by that, but since he predated the
Constitution, that may not apply.
Sponsored
by Ovie Omo - Agege (Labour Party, Delta State), the Senate Bill 329 which has already been gazetted and introduced to the lawmakers was referred to the committee on
constitution review chaired
by the Deputy Senate
President, Ike Ekweremadu last December.
It is charged with interpreting the
Constitution of Iran, supervising elections of, and approving of candidates to, the Assembly of Experts, the
President and the Majlis, and «ensuring... the compatibility of the legislation passed
by the Islamic Consultative Assembly [i.e. Majlis]... with the criteria of Islam and the
Constitution».
(1) There shall be a Vice-
President of Ghana who shall perform such functions as may be assigned to him
by this
Constitution or
by the
President.»
Yesterday's comments
by Vice
President Biden raise the specter that the Obama administration is preparing yet another assault on our
Constitution and another radical intrusion
by the federal government into our everyday lives.»
As reactions continue to trail the
constitution amendment exercise embarked upon
by the National Assembly, lately, a former Vice
President, Atiku Abubakar has expressed his displeasure on the blockage of the passage of Bill No. 3, which would have granted devolution of powers to the states.
Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as
President of the United States under the
Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the
Constitution of the United States» as to whether they are governed
by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees,
by the weight of existing legal authority and prior to a decision
by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».
What mechanisms are provided
by the US
Constitution to handle a situation in which the
president is kidnapped or held prisoner
by a foreign power?
Nigel Bowles recently wrote on this blog that
President - Elect Trump will be able to push through key parts of his policy agenda in the coming four years, because of the powers afforded to him
by the US
Constitution and because collective action problems within Congress will prevent meaningful attempts to block his agenda.
Nor may the
President take an action not authorized either
by the
Constitution or
by a lawful statute.
In a statement signed
by presidential aide Garba Shehu,
President Buhari was quoted as saying he is fully conscious of his duty under the
constitution to protect all Nigerians.
According to CHRAJ, at the end of its preliminary investigation, it came to the conclusion that based on the extensive evidence assembled, the allegations that the
President contravened Article 284 of the 1992
Constitution by putting himself in situations of conflict of interest was not substantiated.
As well as the controversy over the Gupta family, the Constitutional Court recently said the
president had violated the
constitution by not paying back public money used to upgrade his private residence in Nkandla.
The plaintiffs sought among other reliefs a «declaration that on a true and proper interpretation of Article 75 of the 1992
Constitution of Ghana, the
President of the Republic of Ghana acted unconstitutionally
by agreeing to the transfer of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al - Dhuby.»
Attorneys general for the District of Columbia and the state of Maryland say they will sue
President Trump today, alleging that he has violated anti-corruption clauses in the
Constitution by accepting millions in payments and benefits from foreign governments since moving into the White House.
Rep. Tom Suozzi, a Long Island Democrat, implied that Americans should grab weapons and oppose
President Trump
by force, if the commander - in - chief doesn't follow the
Constitution.
According to him, the
President is constrained
by Article 202 (1) of the
Constitution to consult the Council of State in appointing the IGP.
Under the
Constitution, action
by the US
President to declare a war is insufficient to bind the United States so as to place it in a state of war.
The policies pursued
by both
President Bush and
President Obama represent an overreach of executive power as defined in the
Constitution.
In Section 287 (1)(2)(3) of the 1999
Constitution, the decisions of the Supreme Court, Court of Appeal, Federal High Courts, High Courts of State and FCT and other subordinate courts, shall be obeyed and enforced in any part of Nigeria
by all authorities and persons including
President Buhari and his AGF.
According to the Presidential Committee on Emoluments which was set up
by President John Mahama in accordance with the
constitution of Ghana, all Article 71 office holders are to enjoy a 10 % increase in their monthly salary and must be retrospective to cover 2013.
It is quite reasonable to suppose that a
President who for some religious reason could not take part in ceremonies on a Saturday could hold the Ceremony on the Sunday or Monday - the date of the inauguration ceremony is not specified
by the
constitution.
So although they aren't vested power
by the
Constitution, their status as an executive officer, combined with being elected alongside the
President, means that informally they are often have significant influence.
Section 144 (1) of the Nigerian
Constitution provides that such a medical panel should be appointed
by the Senate
President following a resolution passed
by two - thirds majority of the members of the Executive Council of the Federation.
But the plaintiff, through his counsel, Frank Tietie, contended in the suit that «in the absence of a resolution
by the Executive Council of the Federation» as required under section 144 (1) of the
Constitution, the Senate
President could constitute such medical panel «to determine the health status of the
President.»
A statement signed and released on Monday, 22 August
by Communications Minister Dr. Edward Omane Boamah said: «The
President of the Republic of Ghana, His Excellency John Dramani Mahama, has, in consultation with the Council of State and in exercise of his constitutional powers under Article 72 of the
Constitution, remitted the remainder of the prison sentence imposed on three persons: Salifu Maase (alias Mugabe), Alistair Nelson, and Ako Gunn, who were sentenced to four months» imprisonment and a fine of GHS10, 000.00 each for contempt of court.
Even the
president must abide
by the limits that the
Constitution and federal laws grant to the office, unlike a monarch, and part of the judiciary's job is to see that s / he does.
Within the corridors of the Flagstaff House, younger Ministers of State may call any of their colleagues a «Senior Minister» in deference to his or her age but that is different from an official communication
by the
President to Parliament in exercise of his powers pursuant to articles 58 and 256 of the
Constitution requesting that a person advanced in age be vetted for approval
by Parliament to be appointed as «Senior Minister».
President Nana Addo Dankwa Akufo - Addo, pursuant to and as required
by article 67 of the
constitution will deliver his maiden State of the Nation address on Tuesday, February 21 on the floor of parliament.
President John Dramani Mahama also opined that government is working to amend the
constitution to make the process of assets declaration
by public officers more transparent.
Part of the committee's recommendations read, «The
President has no powers under Section 171 (2)(c) of the
constitution or any other existing law to extend or elongate the tenure of a permanent secretary, whose tenure expired
by efluxion of time or age, whichever comes first.
The
Constitution grants the
president 10 days to review a measure passed
by the Congress.
The committee, which is chaired
by a member of the All Progressives Congress, Mr. Zakari Mohammed, in its report, noted that while Section 171 of the
constitution empowered the
President to appoint top officials of government, including permanent secretaries, the provision did not cover the power to extend a permanent secretary's tenure.
President Mahama's address, as mandated
by the
constitution, ushers in the end of the life of the sixth Parliament of the fourth Republic which would officially be dissolved on the midnight of January 6, 2017.