Independent Counsel Amendments Act of 1987: hearings before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, first session on H.R. 1520 and H.R. 2939 ... April 9, 23, and June 3, 1987

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Halaman 9 - States, shall act as an agent or attorney for prosecuting any claim against the United States, or...
Halaman 113 - A special Government employee shall be subject to paragraph (a) of this section only In relation to a particular matter Involving a specific party or parties (1) in which he has at any time participated personally and substantially as a Government employee or as a special Government employee through decision, approval, disapproval, recommendation, the rendering of advice, Investigation, or otherwise...
Halaman 563 - If men were angels, no Government would be necessary. If angels were to govern men, neither external nor internal controls on Government would be necessary. In framing a Government which is to be administered by men over men, the great difficulty lies in this : you must first enable the Government to control the governed ; and in the next place oblige it to control itself.
Halaman 421 - In the absence of all constitutional provision or statutory regulation, it would seem to be a sound and necessary rule to consider the power of removal as incident to the power of appointment.
Halaman 479 - But it would be an alarming doctrine, that congress cannot impose upon any executive officer any duty they may think proper, which is not repugnant to any rights secured and protected by the constitution; and in such cases, the duty and responsibility grow out of and are subject to the control of the law, and not to the direction of the President.
Halaman 229 - Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper...
Halaman 8 - (f) Whoever, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act...
Halaman 433 - In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which, to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own ; and consequently should be so constituted, that the members of each should have as little agency as possible in the appointment of the members of the others.
Halaman 441 - States is an officer of the court, he is nevertheless an executive official of the Government, and it is as an officer of the executive department that he exercises a discretion as to whether or not there shall be a prosecution in a particular case. It follows, as an incident of the constitutional separation of powers, that the courts are not to interfere with the free exercise of the discretionary powers of the attorneys of the United States in their control over criminal prosecutions.
Halaman 622 - But as the Constitution stands, the selection of the appointing power, as between the functionaries named, is a matter resting in the discretion of Congress. And, looking at the subject in a practical light, it is perhaps better that it should rest there, than that the country should be harassed by the endless controversies to which a more specific direction on this subject might have given rise.

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