Showing 1401–1410 of 2214

• 12/21/1979

  Scope of Presidential Authority on Review of Civil Aeronautic Board's Approval of Airline Merger and Related Awarding of Airline Route

  This document discusses the President's authority under the Federal Aviation Act to review the Civil Aeronautics Board's approval of a merger between Pan American World Airways and National Airlines, as well as the transfer of National's certificates. The document concludes that the President does not have the authority to order the Board to award the Miami-to-London route to Pan Am, and that the President's options for review are limited. The document also presents questions regarding the President's legal options in reviewing the Board's order and the potential foreign relations concerns related to the Miami-to-London route. It also discusses the limitations on the President's authority to disapprove Board actions based on foreign relations or national defense considerations.

  12/21/1979

• 12/14/1979

  Discretion of Secretary of Commerce in Establishing Boundaries Between Adjoining Regional Fishery Management Councils Under the Fishery Conservation and Management Act

  This document addresses the issue of establishing boundaries between adjoining regional fishery management councils under the Fishery Conservation and Management Act of 1976. The conclusion reached in the document is that the Act requires boundaries between adjoining regional fishery management councils to be based solely on geographical factors. The questions presented for review include whether the Secretary of Commerce is required to establish boundaries between adjoining regional fishery management councils on a geographical basis and whether the litigation authority of regional fishery councils is delegated or barred by the Act. The document also discusses the controversy between the South Atlantic Fishery Management Council and the Gulf of Mexico Fishery Management Council regarding the jurisdiction over fisheries in the Atlantic Ocean and the Gulf of Mexico, respectively.

  12/14/1979

• 12/10/1979

  Authority of the Surgeon General to Direct the Public Health Service Not to Certify Arriving Homosexual Aliens as Possessing a "Mental Defect or Disease" Solely Because of Their Homosexuality

  This document discusses the legal authority of the Surgeon General to direct the Public Health Service (PHS) medical officers not to certify arriving homosexual aliens as possessing a ‘mental defect or disease” solely because of their homosexuality. The Surgeon General's memorandum declared that “homosexuality per se will no longer be considered a ‘mental disease or defect,” and that “the determination of homosexuality is not made through a medical diagnostic procedure.” The conclusion reached in the document is that Congress clearly intended that homosexuality be included in the statutory phrase “mental defect or disease,” and the Surgeon General has no authority to determine that homosexuality is not a “‘mental defect or disease” for purposes of applying the Act. The document also presents questions regarding the amenability of homosexuality to diagnosis and the administrative consequences of the Surgeon General's memorandum for the enforcement of the Act. It recommends that the memorandum, its consequences for the INS, and any resulting enforcement policy be brought to the attention of Congress.

  12/10/1979

• 12/7/1979

  Employment of Temporary or Intermittent Investigators and Attorneys to Investigate and Assist in the Processing of Office Special Counsel Cases

  This document discusses the request to employ temporary or intermittent investigators and attorneys by the Merit Systems Protection Board. The conclusion reached is that the plan to appoint employees from other Federal agencies is consistent with relevant law, but the proposal to accept gratuitous services from the private sector is prohibited. The document also presents questions regarding statutory authorization for hiring employees, conflict of interest laws, compensation restrictions, and post-employment restrictions. The main questions presented for review include the authorization for hiring employees, the conflict of interest laws, and the restrictions on compensation and post-employment activities.

  12/7/1979

• 11/26/1979

  Power to Remove Court-Appointed U.S. Attorneys

  This document discusses the issue of whether the power to remove a U.S. Attorney appointed by a district court is vested in the President, the Attorney General, or the appointing court. The conclusion reached is that the power to remove a court-appointed U.S. Attorney rests with the President, as stated in 28 U.S.C. § 541(c). The document also presents questions regarding the potential effect on the Attorney General's ability to manage the Department's business and whether the President can delegate certain supervisory and disciplinary powers. The main conclusion is that the President has the power to remove a court-appointed U.S. Attorney, and the questions presented for review include the potential impact on the Attorney General's management abilities and the President's ability to delegate supervisory and disciplinary powers.

  11/26/1979

• 11/23/1979

  Disposition of Government Property Located at Former President Nixon's San Clemente Residence

  The document discusses the disposition of government property at former President Nixon's San Clemente residence. It concludes that the Presidential Protection Assistance Act of 1976 does not apply to the termination of government services at the estate and that the government is not obligated to restore the property to its original state. The document also addresses the legal obligation of the government to comply with Nixon's request for removal of government items and restoration of the property, as well as the government's right to reimbursement from Nixon for the portion of the sale price attributable to government improvements. The questions presented for review include the applicability of the Presidential Protection Assistance Act, the legal obligation to restore the property, and the government's right to reimbursement.

  11/23/1979

• 11/23/1979

  The President's Authority to Force the Shah to Return to Iran

  The Shah cannot be extradited to Iran, since the United States has no extradition treaty with Iran; however, §§ 241(a)(7) and 212(a)(27) of the Immigration and Nationality Act (INA) would permit the Attorney General to deport the Shah if his presence in this country were determined to be prejudicial to the public interest. On its face, § 243(a) of the INA appears to permit the Attorney General to force the Shah, upon deportation, to return to Iran; however, § 243(h) of the INA and applicable principles of international law would preclude the Attorney General's forcing anyone to return to a country where he or she would be subject to political persecution, as the Shah would be if deported to Iran. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22331/download.

  11/23/1979

• 11/21/1979

  Presidential Implementation of Emergency Powers Under the International Emergency Economic Powers Act

  The President may issue a single executive order invoking the remainder of his powers under the International Emergency Economic Powers Act, in response to the situation in Iran, which would permit him to block the property of Iranian citizens as well as that of their government, and to effect a complete trade embargo. The President may delegate the exercise of all implementing powers to the Secretary of the Treasury. Such an order need not declare a new emergency, but could simply find that the underlying emergency continues, and such an order need not be accompanied by an immediate report to Congress. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22326/download.

  11/21/1979

• 11/11/1979

  Immigration Laws and Iranian Students

  The President has authority under the Immigration and Nationality Act (INA) to limit or halt entry of Iranian nationals into the United States. He also has available to him under that statute a number of options by which he may regulate the conditions under which Iranian nationals already present in the country remain here or depart. While the matter is not free from doubt, a reasonable reading of § 241(a)(7) of the INA would allow the Attorney General to take into account adverse foreign policy consequences in determining whether an alien's continued presence in the United States is prejudicial to the public interest, so as to render him or her deportable. However, it would be constitutionally in appropriate to identify members of the class of deportable persons in terms of their exercise of First Amendment rights. Both the INA and the Constitution require that all persons be given a hearing and an opportunity for judicial review before being deported; however, neither the INA nor the Constitution would preclude the Attorney General or Congress from taking action directed solely at Iranian nationals, particularly in light of the serious national security and foreign policy interests at stake in the present crisis. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22321/download.

  11/11/1979

• 11/11/1979

  Supplementary Discussion of the President's Powers Relating to the Seizure of the American Embassy in Iran

  Under the Vienna Convention on Diplomatic Relations, diplomats are not subject to any form of arrest or detention even in case of armed conflict, though their movements may be restricted. Iran's conduct might be invoked in this case as a ground for suspending the Convention, in which case non-forcible reprisals against its diplomats in this country may be used. The President may use his constitutional power to protect Americans abroad, subject to the consultation and reporting requirements of the War Powers Resolution. While not unconstitutional on their face, these requirements may have applications which raise constitutional questions insofar as they limit the President's power as Commander-in-Chief. The International Emergency Economic Powers Act and the National Emergencies Act together authorize the blocking of Iranian assets and the subsequent licensing of particular transactions. These statutes specify the procedures to be followed in the event such a course is followed. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22316/download.

  11/11/1979