Misplaced Pages

#816183

71-630: The United States Air Force Scientific Advisory Board ( SAB ) is a Federal Advisory Committee that provides independent advice on matters of science and technology relating to the Air Force mission, reporting directly to the Secretary of the Air Force and Chief of Staff of the Air Force . In the past, it has provided advice on technologies such as: supersonic aircraft, weather forecasting , satellite communications, medical research, crewless airplanes, and defenses against aircraft and missiles. Today,

142-587: A vesting clause that confers federal executive power upon the President. Similar clauses are found in Article I and Article III ; the former bestows federal legislative power exclusively to Congress, and the latter grants judicial power solely to the Supreme Court, and other federal courts established by law. These three articles together secure a separation of powers among the three branches of

213-565: A Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. The president's salary, currently $ 400,000 a year, must remain constant throughout the president's term. The president may not receive other compensation from either the federal or any state government. Before he enter on

284-762: A Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse [ sic ] from them by Ballot the Vice President. ( Note: This procedure

355-649: A loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need." The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to

426-763: A range of opinions. Committees composed of full-time officers or employees of the federal government do not count as advisory committees under FACA. Furthermore, the following organizations are also not governed by FACA: the Advisory Commission on Intergovernmental Relations , the Commission on Government Procurement , the National Academy of Sciences , the Central Intelligence Agency , the Federal Reserve , and

497-714: Is closed to the public, the notice must include the committee name; the time, place and purpose of the meeting; a summary of the agenda; and if any portion of the meeting is closed, the reason and exemption(s) in the Government in the Sunshine Act that apply. An advisory committee meeting can be closed to the public if the president or an agency head determines that any of the 10 exemptions to the Sunshine Act apply (see below). The committee must provide access to materials provided to it, including reports, transcripts, minutes, working papers, agendas or other documents unless any of

568-566: Is done by the vice president and Cabinet, the Amendment permits the president to take control back, unless the vice president and Cabinet challenge the president and two-thirds of both Houses vote to sustain the findings of the vice president and Cabinet. If the declaration is done by the president, the president may take control back without risk of being overridden by the Congress. The President shall, at stated Times, receive for his Services,

639-449: Is the names of the candidates who are on the ballot to be elected. Most states do not put the names of the electors on the ballot. It is generally understood by the voters and the electors themselves that they are the representative "stand-ins" for the candidates and are expected to cast their electoral college ballots for the president and vice president who appeared on the ballot. The actual electors being voted for are usually selected by

710-754: The 1st United States Congress passed the Oath Administration Act (that remains in effect) which provides that "...the oath or affirmation required by the sixth article of the Constitution of the United States… shall be administered to [the President of the Senate]". Currently, the vice presidential oath is the same as that for members of Congress and members of the Cabinet. I do solemnly swear (or affirm) that I will support and defend

781-553: The 23rd Amendment , the District of Columbia may choose no more electors than the state with the lowest number of electoral votes (in effect, three electors), although since that amendment's ratification the District's population has never reached the threshold that would otherwise entitle it to choose four or more electors. U.S. Senators, Representatives and federal government officials are barred from becoming electors; in practice,

SECTION 10

#1732791590817

852-513: The National Academy of Public Administration . In drafting FACA, legislators wanted to ensure that advice by the various advisory committees is "objective and accessible to the public" by formalizing the process for "establishing, operating, overseeing, and terminating" the committees. The Committee Management Secretariat at the GSA is charged with monitoring compliance. In particular the Act restricts

923-422: The chief justice , declared in his dissent "It would require far more of a discourse than could profitably be included in an opinion such as this to fully describe the preeminent position that the president of the United States occupies with respect to our Republic. Suffice it to say that the president is made the sole repository of the executive powers of the United States, and the powers entrusted to him as well as

994-565: The federal government , and individually, each one entrenches checks and balances on the operation and power of the other two branches. Article I grants certain powers to Congress, and the Vesting Clause does not reassign those powers to the President. In fact, because those actions require legislation passed by Congress which must be signed by the President to take effect, those powers are not strictly executive powers granted to or retained by Congress per se. Nor were they retained by

1065-532: The "principal officer" of any executive department to tender advice. Though not required by Article Two, President George Washington organized the principal officers of the executive departments into the Cabinet , a practice that subsequent Presidents have followed. The Treaty Clause grants the President the power to enter into treaties with the approval of two-thirds of the Senate . The Appointments Clause grants

1136-641: The Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces." Treaties are official agreements with foreign governments. Treaties must be approved by Senate. While the President does not make treaties, the President shapes and determines U.S. foreign policy initiatives, can enter into discussions and give conditional approval to agreements reached with foreign governments subject to Senate approval. In their capacity as Head of State and individual representative of

1207-475: The Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. Under the U.S. Constitution the President and Vice President are chosen by electors , under a Constitutional grant of authority delegated to the legislatures of the several states. The Constitution reserves the choice of the precise manner for selecting electors to

1278-468: The Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. In the landmark decision Nixon v. General Services Administration (1977), Justice William Rehnquist , afterwards

1349-732: The Constitution." Andrew Jackson , while vetoing an Act for the renewal of the charter of the national bank, implied that the president could refuse to execute statutes that he felt were unconstitutional. In suspending the privilege of the writ of habeas corpus , President Abraham Lincoln claimed that he acted according to the oath. His action was challenged in court and overturned by the U.S. Circuit Court in Maryland (led by Chief Justice Roger B. Taney ) in Ex Parte Merryman , 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln ignored Taney's order. Finally, Andrew Johnson 's counsel referred to

1420-744: The Day on which they shall give their Votes; which Day shall be the same throughout the United States. Congress sets a national Election Day . Currently, electors are chosen on the Tuesday following the first Monday in November (the first Tuesday after November 1), in the year before the president's term is to expire. The electors cast their votes on the Monday following the second Wednesday in December (the first Monday after December 12) of that year. Thereafter,

1491-541: The Disability be removed, or a President shall be elected. ( Note: This clause was partially superseded by the 25th Amendment in 1967.) The wording of this clause caused much controversy at the time it was first used. When William Henry Harrison died in office, a debate arose over whether the vice president would become president, or if he would just inherit the powers, thus becoming an acting president. Harrison's vice president, John Tyler , believed that he had

SECTION 20

#1732791590817

1562-544: The Electoral College in a manner directed by each state's respective legislature, with the states granted electors equal to their combined representation in both houses of Congress . Section 1 lays out the procedures of the Electoral College and requires the House of Representatives to hold a contingent election to select the President if no individual wins a majority of the electoral vote. Section 1 also sets forth

1633-796: The Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." According to the Joint Congressional Committee on Presidential Inaugurations, George Washington added the words "So help me God" during his first inaugural, though this has been disputed. There are no contemporaneous sources for this fact, and no eyewitness sources to Washington's first inaugural mention

1704-665: The House of Representatives shall immediately chuse [ sic ] by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse [ sic ] the President. But in chusing [ sic ] the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of

1775-515: The Internet to declaring martial law. This led the magazine The Atlantic to observe that "the misuse of emergency powers is a standard gambit among leaders attempting to consolidate power", because, in the words of Justice Robert H. Jackson 's dissent in Korematsu v. United States (1944), the decision that upheld the internment of Japanese Americans , each emergency power "lies about like

1846-478: The Middle Ages up to the Constitution's creation. The 12th Amendment introduced a number of important changes to the procedure. Now, electors do not cast two votes for president; rather, they cast one vote for president and another for vice president. In case no presidential candidate receives a majority, the House chooses from the top three (not five, as before the 12th Amendment). The Amendment also requires

1917-488: The Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. At the time of taking office , the President must be: A person who meets the above qualifications, however, may still be constitutionally barred from holding the office of president under any of the following conditions: In Case of

1988-402: The President the power to appoint judges and public officials subject to the advice and consent of the Senate, which in practice has meant that Presidential appointees must be confirmed by a majority vote in the Senate. The Appointments Clause also establishes that Congress can, by law, allow the President, the courts, or the heads of departments to appoint "inferior officers" without requiring

2059-677: The President to inform Congress of the "state of the union"; since 1913 this has taken the form of a speech referred to as the State of the Union . The Recommendation Clause requires the President to recommend measures deemed "necessary and expedient." The Take Care Clause requires the President to obey and enforce all laws, though the President retains some discretion in interpreting the laws and determining how to enforce them. Section 4 of Article Two gives directives on impeachment. The directive states, "The President, Vice President and all civil Officers of

2130-642: The President under Article II of the U.S. Constitution . Critics maintain that FACA "violates separation of powers by limiting the terms on which the President can acquire information from nongovernmental advisory committees". Article Two of the United States Constitution Article Two of the United States Constitution establishes the executive branch of the federal government , which carries out and enforces federal laws. Article Two vests

2201-629: The Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until

United States Air Force Scientific Advisory Board - Misplaced Pages Continue

2272-592: The SAB performs in-depth reviews of the Air Force Research Laboratory 's science and technology research, and performs studies on topics tasked by the Secretary and Chief of Staff. Members are appointed by the Secretary of Defense . The board was established in 1944 under the name Scientific Advisory Group with General Henry H. Arnold as the military director and Dr. Theodore von Kármán as

2343-653: The Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then

2414-453: The Senate to choose the vice president from those with the two highest figures if no vice presidential candidate receives a majority of electoral votes (rather than only if there's a tie for second for president). It also stipulates that to be the vice president, a person must be qualified to be the president. The Congress may determine the Time of chusing [ sic ] the Electors, and

2485-469: The U.S. Congress as leftovers from the Articles of Confederation. The Articles of Confederation, Continental Congress and its powers were abolished at the time the new U.S. Congress was seated and the new federal government formally and officially replaced its interim predecessor. The President may order military action in defense of the United States pursuant to "a national emergency created by attack upon

2556-463: The United States shall be removed from office on Impeachment for, and conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." The executive Power shall be vested in a President of the United States of America. The person shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Section 1 begins with

2627-419: The United States, its territories or possessions, or its armed forces". The President must notify Congress within 48 hours after the beginning of military operations, giving the source of his authority for the action. Once legal notification is given to Congress, military action can continue for up to 60 days without further authorization from Congress, or up to 90 days if the President "determines and certifies to

2698-514: The United States, the President has the authority to withdraw the United States from treaties when it is in the best interests and well being of the U.S. Presidential appointments are approved by advice and consent of the Senate. Senate consent occurs when a majority of senators votes to approve a nominee. The head of the Executive Branch is the President. The Constitution states that the President and Vice President are to be elected at

2769-472: The ability of a state to appoint its electors based on electoral districts rather than a statewide popular vote, describing the power of state legislatures to determine the method of appointment of electors as "plenary", and suggesting that it was not limited even by state constitutions. In Bush v. Palm Beach County Canvassing Board (2000), the Supreme Court remanded to the Supreme Court of Florida

2840-420: The advice and consent of the Senate. The final clause of Section 2 grants the President the power to make recess appointments to fill vacancies that occur when the Senate is in recess. Section 3 of Article Two lays out the responsibilities of the President, granting the President the power to convene both Houses of Congress, receive foreign representatives, and commission all federal officers. Section 3 requires

2911-489: The armed forces, or by vesting in him a broad, undefined “executive Power.” Congress has delegated at least 136 distinct statutory emergency powers to the President, each available upon the declaration of an emergency. Only 13 of these require a declaration from Congress; the remaining 123 are assumed by an executive declaration with no further Congressional input. Congressionally-authorized emergency presidential powers are sweeping and dramatic and range from seizing control of

United States Air Force Scientific Advisory Board - Misplaced Pages Continue

2982-771: The board chair. The group was asked to evaluate the aeronautical research and development programs and facilities of the Axis powers of World War II , and to provide recommendations for future United States Air Force research and development programs. The group's name was changed to the Scientific Advisory Board in 1946. Scientific Advisory Board Military Directors 1944–1946: Gen Henry Harley "Hap" Arnold 1946–47: Maj Gen Curtis E. Lemay 1947–1948: Lt Gen Laurence Craigie 1948–52,54- : Maj Gen Donald L. Putt Federal Advisory Committee Act The U.S. General Services Administration (GSA) oversees

3053-590: The candidate's party. There have been a few cases where some electors have refused to vote for the designated candidate, termed a faithless elector . Many states have mandated in law that electors shall cast their electoral college ballot for the designated presidential candidate. The constitutionality of such mandates was established by the Supreme Court of the United States in Chiafalo v. Washington (2020). Each state chooses as many electors as it has representatives and senators representing it in Congress. Under

3124-450: The constraints of eighteenth-century technology there was no practical means for that constituency to resolve deadlocked elections in a timely manner, thus necessitating the involvement of Congress in resolving deadlocked elections. Obviously, having the electors meet in the national capital or some other single venue could have permitted the electors to choose a president by means of an exhaustive ballot without Congressional involvement, but

3195-471: The duties imposed upon him are awesome indeed." Unlike the modern constitutions of many other countries, which specify when and how a state of emergency may be declared and which rights may be suspended, the U.S. Constitution itself includes no comprehensive separate regime for emergencies. However, according to The Atlantic , some legal scholars believe that the Constitution gives the president inherent emergency powers by making him commander in chief of

3266-550: The electors met in a single venue, especially under the initial assumption that they would act independently as opposed to being bound to vote for particular candidates, they would be vulnerable to the influence of mobs who might try to ensure a particular result by means of threats and intimidation – this had been a fairly common occurrence in European elections for powerful officials by relatively small constituencies (for example, and perhaps in particular, in papal elections ) from

3337-561: The eligibility requirements for the office of the President, provides procedures in case of a Presidential vacancy, and requires the President to take an oath of office . Section 2 of Article Two lays out the powers of the Presidency, establishing that the President serves as the Commander-in-Chief of the military, among many other roles. This section gives the President the power to grant pardons . Section 2 also requires

3408-532: The executive power of the federal government is vested in the President and, along with the Vesting Clauses of Article One and Article Three , establishes the separation of powers among the three branches of government. Section 1 also establishes the Electoral College , the body charged with electing the President and the Vice President. Section 1 provides that each state chooses members of

3479-713: The extent to which the Department of Transportation’s (DOT) and Department of Energy’s (DOE) assessment process helps ensure advisory group efforts are not duplicative and what challenges, if any, exist in assessing potential duplication, and (2) to what extent DOT and DOE advisory groups are useful in assisting their respective agencies in carrying out their missions and how the groups’ usefulness could be enhanced." This review resulted in four recommendations geared toward preventing duplication of efforts among FACA groups. FACA has drawn criticism as an unconstitutional infringement upon "long-recognized presidential powers" reserved to

3550-490: The fifteen Cabinet secretaries in order of each department's establishment. There are concerns regarding the constitutionality of having members of Congress in the line of succession, however, as this clause specifies that only an " officer of the United States " may be designated as a presidential successor. Constitutional scholars from James Madison to the present day have argued that the term "officer" excludes members of Congress. The 25th Amendment explicitly states that if

3621-401: The five with the greatest number of votes. When the House voted, each state delegation cast one vote, and the vote of a majority of states was necessary to choose a president. If second-place candidates were tied, then the Senate broke the tie. A quorum in the House consisted of at least one member from two-thirds of the state delegations; there was no special quorum for the Senate. This procedure

SECTION 50

#1732791590817

3692-680: The formation of such committees to only those which are deemed essential, limits their powers to provision of advice to officers and agencies in the executive branch of the Federal Government, and limits the length of term during which any such committee may operate. Further, FACA was an attempt by Congress to curtail the rampant "locker-room discussion" that had become prevalent in administrative decisions. These "locker-room discussion" are masked under titles like "task force", "subcommittee", and "working group" meetings, which are less than full FACA meetings and so they do not have to be open to

3763-506: The framers were dissuaded from such an arrangement by two major considerations. First, it would have been quite burdensome for electors from distant states to travel to the national capital using eighteenth century means for the sole purpose of electing the president – since they were to be barred from simultaneously serving in the federal government in any other capacity, electors would likely have no other reason to go there. But probably even more importantly, many framers genuinely feared that if

3834-408: The individuals voted for had to be from a state different from the elector's. The individual with the majority of votes became president, and the runner-up became vice president. In case of a tie between candidates who received votes from a majority of electors, the House of Representatives would choose one of the tied candidates; if no person received a majority, then the House could again choose one of

3905-1029: The nine FOIA exemptions would apply. The committees must also keep minutes of their meetings. In March, 2012 the Government Accountability Office issued a report on FACA groups in DOT and DOE. In this report, they state: "Advisory groups—those established under the Federal Advisory Committee Act (FACA) and other groups not subject to the act—can play an important role in the development of policy and government regulations. There are more than 1,000 FACA advisory groups and an unknown number of non-FACA advisory groups governmentwide. Non-FACA groups include intergovernmental groups. Section 21 of Pub. L. No. 111-139 requires GAO to conduct routine investigations to identify programs, agencies, offices, and initiatives with duplicative goals and activities. In that context, GAO reviewed (1)

3976-400: The phrase at all—including those that transcribed what he said for his oath. Also, the president-elect's name is typically added after the "I", for example, "I, George Washington, do...." Normally, the chief justice of the United States administers the oath. It is sometimes asserted that the oath bestows upon the president the power to do whatever is necessary to "preserve, protect and defend

4047-643: The power of Congress to regulate political contributions intended to influence the appointment of electors in Burroughs v. United States (1934). The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to

4118-456: The power of the executive branch in the office of the President of the United States , lays out the procedures for electing and removing the President, and establishes the President's powers and responsibilities. Section 1 of Article Two establishes the positions of the President and the Vice President, and sets the term of both offices at four years. Section 1's Vesting Clause declares that

4189-413: The president dies, resigns or is removed from office, the vice president becomes president, and also establishes a procedure for filling a vacancy in the office of the vice president. The Amendment further provides that the president, or the vice president and Cabinet, can declare the president unable to discharge his or her duties, in which case the vice president becomes Acting president. If the declaration

4260-401: The president's death. The "Tyler Precedent" established that if the president dies, resigns or is removed from office, the vice president becomes president. The Congress may provide for a line of succession beyond the vice president. The current Presidential Succession Act establishes the order as the speaker of the House of Representatives, the president pro tempore of the Senate and then

4331-429: The process. The Federal Advisory Committee Act defines advisory committee as "any committee, board, commission, council, conference, panel, task force, or other similar group" that dispenses "advice or recommendations" to the President of the United States, and excludes bodies that also exercise operational functions. They are provisional bodies and have the advantage of being able to circumvent bureaucracy and collect

SECTION 60

#1732791590817

4402-464: The public. FACA declared that all administrative procedures and hearings were to be public knowledge. A committee must provide public notice in the Federal Register 15 days prior to the meeting. It must publish all information regarding the meeting, including committee name, the time, place, and purpose of the meeting, and a summary of the agenda. Additionally, if any part of the meeting

4473-688: The question of "the extent to which the Florida Supreme Court saw the Florida Constitution as circumscribing the legislature's authority under Art. II, § 1, cl. 2". In Williams v. Rhodes (1968), the Court struck down as a violation of the Equal Protection Clause an Ohio law which placed heavy burdens on minor parties seeking to be placed on the ballot for presidential electors. The Supreme Court upheld

4544-430: The right to become president. However, many senators argued that he only had the right to assume the powers of the presidency long enough to call for a new election. Because the wording of the clause is so vague, it was impossible for either side to prove its point. Tyler took the Oath of Office as president, setting a precedent that made it possible for later vice presidents to ascend to the presidency unchallenged following

4615-403: The same time, for the same term, and by the same constituency. It is believed the framers wanted to preserve the independence of the executive branch should the Vice President assume the Presidency. Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in

4686-411: The theory during his impeachment trial . Otherwise, few have seriously asserted that the oath augments the president's powers. The vice president also has an oath of office , but it is taken under the Oath or Affirmation Clause of Article VI that provides that "all ... Officers ... of the United States ... shall be bound by Oath or Affirmation, to support this Constitution". Pursuant to Article VI,

4757-415: The two major federal parties frequently select senior state party and government officials (up to and including governors) to serve as electors. All states other than Maine (including the District of Columbia) use a first past the post system in their presidential elections. In 2020, Maine switched from first past the post to ranked choice . In McPherson v. Blacker (1892), the Supreme Court affirmed

4828-417: The votes are opened and counted by the vice president, as president of the Senate , in a joint session of Congress . Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as president of the United States: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to

4899-538: The will of the state legislatures. It does not define or delimit what process a state legislature may use to create its state college of electors. In practice, the state legislatures have generally chosen to select electors through an indirect popular vote, since the 1820s. Most states use a "winner-take-all" system in which all the state's electors are awarded to the candidate gaining the most popular votes. Maine and Nebraska allow individual congressional districts to each elect one elector. In an indirect popular vote, it

4970-492: Was changed by the 12th Amendment in 1804.) In modern practice, parties nominate their electors through various methods, see Elector Nominations . Then, each state chooses its electors in popular elections. In most states, the party with the plurality of the popular vote gets all of its electors chosen. Once chosen, the electors meet in their respective states to cast ballots for the president and vice president. Originally, each elector cast two votes for president; at least one of

5041-408: Was followed in 1801 after the electoral vote produced a tie, and nearly resulted in a deadlock in the House . While the Constitution reflects the framers' clear preference for the president to be elected by a constituency independent of the Congress, one of the most palpable limitations created by the stipulation that electors meet in their respective states as opposed to a single venue was that given

#816183