| Edward Keynes - 2010 - 261 sayfa
...Vietnam War suggests that Congress and the President were acting in a constitutional twilight zone "... in which he and Congress may have concurrent authority, or in which its distribution is uncertain."36 At various phases in the war, the pattern of congressional legislation and presidential... | |
| United States. Congress. Senate. Committee on the Judiciary - 2005 - 1692 sayfa
...President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone...authority, or in which its distribution is uncertain." Id. at 637. Finally, "[w]hen the President takes measures incompatible with the expressed or implied... | |
| John Yoo - 2005 - 379 sayfa
...the federal government); Youngstown Sheet & Tube Co., 343 US at 637 (1952) (Jackson, J., concurring) ("[Congressional inertia, indifference or quiescence...measures on independent presidential responsibility."); United States v. Midwest Oil Co., 236 US 459,474 (1915) (noting that a "long-continued practice, known... | |
| Joel D. Aberbach, Mark A. Peterson - 2005 - 644 sayfa
...congressional grant or denial of authority." Here he can only rely upon his own independent powers, but here is a zone of twilight in which he and Congress may...authority, or in which its distribution is uncertain. ... In this area, any actual test of power is likely to depend on the imperatives of events and contemporary... | |
| Robert A. Strong - 2005 - 286 sayfa
...consider legislative-executive relations in foreign affairs, "a zone of twilight in which [the president] and Congress may have concurrent authority, or in which its distribution is uncertain."25 The Iran-contra affair, while raising important questions about the relationship between... | |
| Joshua Rust - 2005 - 219 sayfa
...the absence of either a congressional grant or denial of authority, [the President] can only rely on his own independent powers, but there is a zone of...distribution is uncertain. Therefore, congressional inertia . . . may sometimes . . . enable, if not invite, measures on independent presidential responsibility.5... | |
| William R. Casto - 2006 - 230 sayfa
...delegated nor denied authority to the president, "he can only rely upon his own independent powers, and there is a zone of twilight in which he and Congress...authority, or in which its distribution is uncertain." Jackson confined his discussion of the second category to a single brief paragraph because he believed... | |
| Daniel D. Pegarkov - 2006 - 242 sayfa
...refine Justice Jackson's formula with respect to the cases falling within the second classification, the "zone of twilight in which he and Congress may have...authority, or in which its distribution is uncertain." [20] In such a case the analysis becomes more complicated, and the validity of the President's action,... | |
| Peter Irons - 2006 - 328 sayfa
...when the president acts without "either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he or Congress may have concurrent authority, or in which its distribution is uncertain." Within this... | |
| Cary Federman - 2012 - 256 sayfa
...then "his authority is at its maximum," Jackson wrote. If the president acts on his own powers, in a "zone of twilight in which he and Congress may have concurrent authority," then the president's power is uncertain but not without limitations. Finally, "when the president takes... | |
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