Sentences with phrase «appointment power»

Public officers in the category of the Special Prosecutor do not fall under that category and it is unconstitutional for Parliament to partake in the unitary and exclusive appointment powers of the President.»

(The D.C. Circuit ruling limits recess appointment power to intersessions — the time between two sessions of Congress.)

The academy was moved back into the department, becoming the Institute of Education Sciences, but retained its independent director, who gained appointment powers over the centers» commissioners — except, notably, at NCES.

Cuomo has appointment power over the 11 - member board, which includes the commissioners of Environmental Conservation, State and Economic Development, and eight other appointees, five of whom must live within the 6 million - acre Adirondack Park.

(The attorney general and the comptroller are statewide elected positions, so like with the Board of Regents and education commissioner, the governor doesn't hold appointment power.)

Senate higher education committee chair Kenneth LaValle, a Long Island Republican, ushered a bill through his chamber during the 2014 session that would change how the Regents are selected, giving the governor and legislative conferences appointment power.

Other proposals include: appointing an independent layperson, instead of a judge, to head the selection panels for the lord chief justice and the president of the Supreme Court; transferring the lord chancellor's judicial appointment powers below either the High Court or the Court of Appeal to the lord chief justice; and restricting judicial appointment commission involvement in selecting judicial office holders who do not require a legal qualification.

The department also takes issue with the part of the Noel Canning opinion that restricts recess appointment power to vacancies that arise during a recess, not those that existed at the time of a recess.

«Coincidentally, the head of a group of the election observers is reported to be our own John Dramani Mahama whom activists of free, transparent and fair elections, and anti-corruption crusaders had accused during the 2016 Presidential election in Ghana of using his appointment powers under Articles 43 and 70 of our Constitution for a rigging agenda.

DeFrancisco, an increasingly vocal critic of the governor, noted Cuomo's proposal vests the appointment power of the investigators in the governor himself.

«One is through the appointment power to commissions.

For his part, [Judge] Shelton says he gets no joy from his appointment powers and plans to study public defender offices in other cities.

Are provincial officers public officers for the purpose of the appointment power?

The court concluded that the nominating commission did not exercise general governmental functions, and that the appointment power resided solely with the governor.

In addition, the majority had concerns about the fairness of the process used to appoint the investigator: the Chief of Police exercised the appointment power.

Because the statutory scheme was clear, there was no basis to attack the existence or exercise of the appointment power, but it did provide the majority with another reason to refuse to estop Mr. Penner's civil action:

That interpretation narrows the scope of when a president can use the recess appointment power.

«The real threat to the separation of powers comes from Noel Canning, because it would seemingly allow the Senate to eliminate the President's recess appointment power» by turning all recesses into intrasession ones, DOJ's legal team said.

Top DOJ officials have until March 8 to decide whether to ask the U.S. Court of Appeals to reconsider its conclusion that Obama overstepped his authority last year when he used his recess appointment power to install three members on the National Labor Relations Board.

(1) the inability to set rates of compensation would unduly weaken the court's appointment power and ability to name the amicus of its choice (para. 123); (2) the integrity of the judicial process would be imperilled and should not be dependent upon the Crown (para. 124); and (3) unilateral control by the Attorney General over remuneration might create an apprehension of bias and place an amicus in a conflict of interest (para. 125).