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Opinions by Date and Title
Date Sorted DescendingTitleHeadnotes
1945
1945-February-06

Implementation of International Civil Aviation Agreements

If a valid reciprocal arrangement has been entered into between the United States and a foreign country, the Civil Aeronautics Authority is authorized under existing law to grant to a foreign aircraft a permit to fly across the United States without landing or a permit to land for non-traffic purposes.

1945-December-19

Reinstatement of a Federal Judge Following His Service in the Army

The reemployment provisions of the Selective Training and Service Act of 1940 are likely inapplicable to a federal judge.

If the Selective Training and Service Act of 1940 does not run to the benefit of federal judges, Judge William Clark has vacated his judicial office, under the circumstances presented here.

If the Selective Training and Service Act of 1940 does apply, then Judge Clark’s resignation may be immaterial, and the prohibition in the Act of July 31, 1894 against holding a second office probably does not apply.

If Judge Clark’s further judicial services are desired, he should be given a new appointment, subject to Senate confirmation.

1946
1946-July-02

Presidential Appointment of Justice Robert Jackson to Prosecute Axis War Criminals in Europe

The President may appoint Justice Jackson as United States prosecutor of the Axis war criminals in Europe.

1947
1947-May-22

Authority to Establish System of Universal Military Training

If Congress enacts legislation along the lines of either of two proposals for the establishment of a system of universal military training, supported by appropriate declarations of policy and findings of fact, such legislation would be well within the constitutional powers of the federal government.

1947-August-26

Presidential Authority as Commander in Chief of the Air Force

The President is Commander in Chief of all the armed forces of the United States—the Air Force as well as the Army and the Navy.

1947-October-17

Presidential Authority to Call a Special Session of Congress

The President has the power, under Article II, Section 3 of the Constitution, to call a special session of the Congress during the current adjournment, in which the Congress now stands adjourned until January 2, 1948, unless in the meantime the President pro tempore of the Senate, the Speaker, and the majority leaders of both Houses jointly notify the members of both houses to reassemble.

1950
1950-October-02

Presidential Authority to Make Recess Appointments While Incumbents Hold Over

The President may make recess appointments to the Interstate Commerce Commission and to the Board of Directors of the Reconstruction Finance Corporation while members of those entities continue to serve in office under holdover statutes.

1952
1952-February-19

Presidential Authority to Direct the Chairman of the Council of Economic Advisers Not to Comply With a Congressional Subpoena Seeking Testimony About Private Activities

Although there has been a practical construction, extending back to the earliest days of this Republic, of the respective powers of the Congress and the Executive, under which the President may order his subordinates in the Executive Branch to withhold information from the Congress when he deems such action to be in the public interest, it is difficult to justify application of this principle with respect to a congressional subpoena seeking an official’s testimony regarding his private activities prior to the time of his close official connection with the President.

1952-July-30

Constitutionality of an Appropriations Bill Denying Funds for Certain Civil Litigation

Legislation directing that no funds be expended in the preparation or prosecution of a civil lawsuit by the United States against a state public utility district regarding riparian rights in a river owned by the federal government is not subject to serious constitutional objection.

1953
1953-January-28

Authority of Florida Police Officers to Make Arrests on the Basis of FBI Pick-Up Notices

The authority of a Florida police officer to make a warrantless arrest for an alleged violation of federal law depends on state law and cannot be based merely on the existence of an FBI pick-up notice.


Updated: April 2014