Nomination: hearing before the Committee on Human Resources, United States Senate, Ninety-fifth Congress, second session on Cecilia Denogean Esquer, of Arizona, Steven L. Engelberg, of Maryland, Hillary Diane Rodham, of Arkansas, Richard Allan Trudell, of California, and Josephine Marie Worthy, of Massachusetts to be members of the Board of Directors, Legal Services Corporation, February 7, 1978
U.S. Government Printing Office, 1978
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actions activity addition agency agree American answer appearance appropriate areas Arizona Arkansas assistance Association believe Board of Directors Cecilia Chairman client Commission commitment Committee concerned confirmation conflict of interest Congress consent Constitution continue Corporation's Counsel court decisions Department Education effect ENGELBERG ESQUER exist experience February Federal feel functions funded going Government groups Harrison Hillary holdover Honorable important improve Indian individual involved issues January Justice legal services attorneys Legal Services Corporation legal services program legislation litigation matter meet national Board members nature nomination opinion organizations party performed persons poor position possible potential present President problems Project questions received recess appointments representation represented require Resources responses RICHARD ROBERT RODHAM Senator CRANSTON Senator Javits serve Services Corporation Board situation submitted term Thank tion TRUDELL understand United University Vacancies Clause Washington WORTHY
Halaman 14 - I move to lay that motion on the table. The motion to lay on the table was agreed to.
Halaman 13 - Congress viewed these broad powers as essential to effective and impartial administration of the entire substantive framework of the Act. Yet each of these functions also represents the performance of a significant governmental duty exercised pursuant to a public law.
Halaman 9 - Each member serves for a term of 3 years, except that five of the members first appointed — as designated by the President at the time of appointment — serve 2-year terms. The President of the Corporation, appointed by the Board of Directors, is the chief executive officer and serves as an ex officio Board member.
Halaman 12 - ... Government who participated in the drafting of the act rejected a proposal that there be only one presidentially designated director for fear that he would be considered as the representative of the President and spokesman for the Government. They suggested three in order to avoid that implication.11 Thus, there appears to have been no intention on the part of the originators of the legislation to create directors who would be officers of the Government but rather an intention to dissociate the...
Halaman 13 - ... also represents the performance of a significant governmental duty exercised pursuant to a public law. While the President may not insist that such functions be delegated to an appointee of his removable at will, Humphrey's Executor v.
Halaman 13 - Such functions may be discharged only by persons who are "Officers of the United States" within the language of that section.
Halaman 13 - Officers of the United States" within the language of that section. All aspects of the Act are brought within the Commission's broad administrative powers: rule-making, advisory opinions, and determinations of eligibility for funds and even for federal elective office itself. These functions, exercised free from day-to-day supervision of either Congress...
Halaman 13 - offices" in the generic sense and provide such method of appointment to those "offices" as it chooses. But Congress' power under that Clause 1 Per Curiam is inevitably bounded by the express language of Art. II, § 2, cl. 2, and unless the method it provides comports with the latter, the holders of those offices will not be "Officers of the United States.
Halaman 14 - Officers of the United States." They may, therefore, properly perform duties only in aid of those functions that Congress may carry out by itself, or in an area sufficiently removed from the administration and enforcement of the public law as to permit their being performed by persons not "Officers of the United States.