Federal agent

“ Whenever the legislative or executive authority, or lawful agent, of any state in controversy with another, shall present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties, by their lawful agents,—who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question ”

“ Money of the Corporation not otherwise employed shall be invested in securities of the Government of the United States, except that for temporary periods, in the discretion of the board of directors, funds of the Corporation may be deposited in any Federal reserve bank or with the Treasurer of the United States. When designated for that purpose by the Secretary of the Treasury, the Corporation shall be a depositary of public moneys, except receipts from customs, under such regulations as may be prescribed by the said Secretary, and may also be employed as a financial agent of the Government. ”

“ No member bank shall act as the medium or agent of any nonbanking corporation, partnership, association, business trust, or individual in making loans on the security of stocks, bonds, and other investment securities to brokers or dealers in stocks, bonds, and other investment securities. ”

“ The District Courts are held in judicial districts, and the Court of Claims, at Washington.
The Executive Department executes the laws, and consists of the President, aided by the heads of departments with their under-officials. Attached to this branch of the government are the Departments of State, Treasury, War, Navy, Post-Office, Justice, and Interior. The seven officials who head these departments constitute the cabinet, a name given to the body of men whom the President appoints as his executive officers and advisers. ”

“ With respect to national policies administered by the States, the national government should grant the States the maximum administrative discretion possible. Intrusive, Federal oversight of State administration is neither necessary nor desirable.
(d) When undertaking to formulate and implement policies that have federalism implications, Executive departments and agencies shall:
(1) Encourage States to develop their own policies to achieve program objectives and to work with appropriate officials in other States. ”

“ Our inquiry must be, is he an officer? If an officer, under the words of the Constitution, he is excluded. If not an officer, we cannot exclude him by law.
An extensive meaning has been given to the word office. How far such a construction of the meaning of this word is warranted, I leave for others to decide. That all contractors are not officers I am certain. A man, for instance, makes a contract with government to furnish supplies. He certainly is not an officer, according to the common and known acceptation of that word. ”

“ On the other side, the component parts of the State governments will in no instance be indebted for their appointment to the direct agency of the federal government, and very little, if at all, to the local influence of its members. The number of individuals employed under the Constitution of the United States will be much smaller than the number employed under the particular States. ”

“ It will be time enough to determine the question when the President shall remove an officer in this way, I conceive it can properly be brought before that tribunal; the officer will have a right to a mandamus to be restored to his office; and the judges would determine whether the President exercised a constitutional authority or not.
Some gentlemen think the Constitution takes no notice of this officer, as the head of a department. They suppose him an inferior officer in aid of the executive. ”

“ There has never yet been any scarcity of proper officers in any department of the government of the United States; even during the war, when men risked their lives and property by engaging in such service, there were candidates enough. ”

“ It is equally true that no government can exist without a right to appoint officers for those purposes which proceed from and concentre in itself; and therefore the Confederation has expressly declared that Congress shall have authority to appoint all such 'civil officers as may be necessary for managing the general affairs of the United States under their direction.' All that can be required is, that the federal government confine its appointments to such as it is empowered to make by the original act of union, or by the subsequent consent of the parties. ”

“ When Congress enacts a statute that is complete in policy aspects and ready to be executed as law, Congress has recognized that enforcement is only an executive function and has yielded that duty to wholly executive agencies, even though determination of fact questions was necessary. ”

“ So, in the case of appointing officers, if it can be truly said that these heads of departments are the servants of the President alone, we shall make the executive department a dangerous one.
I do not admit that any man has an estate in his office. I conceive all officers to be appointed during pleasure, except where the Constitution stipulates for a different tenure—unless, indeed, the law should create the office, or officer, for a term of years. After observing this, I must contend that the power of removal is incidental to the power of appointment. ”

“ The authority of a federal officer to act derives from federal sources, and the rule which recognizes a privilege under appropriate circumstances as to statements made in the course of duty is one designed to promote the effective functioning of the Federal Government. ”

“ Each agency shall designate an official who shall be responsible for facilitating a Federal employee's or member's availability for service of process, regardless of the location of the employee's workplace or member's duty station. ”

“ Findings that a local agency may make will soemtimes aid in reducing friction between the state and federal governments by exposing facts which indicate that the state has a legitimate concern in a complex situation where local and interstate intersts are intertwined. ”

“ In cases when federal agencies directly enforce federal statutes and other regulations and enactments, they may be empowered by federal statute to set up regional agencies and organizational units to conduct specific administrative affairs falling within the competence of federal agencies in the spheres of international relations, national defense, tariffs, foreign exchange and market inspection, supervision of the export and import of goods and service, supervision of weights and measures and precious metals, civil aviation safety and radio communications. ”

“ Certainly there are far more state than federal enforcement officers and their activities, up to now, have more frequently and closely touched the intimate daily lives of people than have the activities of federal officers. ”

“ The Legislature and the whole people of this State already but too well know how frequently and fruitlessly they have petitioned the Federal Government for some portion of those means of defence for which we have paid so dearly, and to which, by the Constitution, we are so fully entitled. Our most pressing petitions and representations to the head and various departments of the general government have often gone unanswered, sometimes have been answered by unmeaning professions and promises never performed, but generally by telling us to protect ourselves. ”

“ It must be remembered that closer than any federal agency to those they regulate and to their customers are the state authorities, whose mechanisms are less cumbersome and whose principles can much more quickly be adjusted to the changing times. ”

“ Those of an executive and judicial character are very much more restricted. In respect to foreign relations, the navy, and the postal and telegraph service, administration is absolutely centralized in the organs of the Empire; in respect to everything else, administrative functions are performed entirely, or almost entirely, through the agency of the states. In the United States the federal government is essentially complete within itself. ”

“ The head of each department and agency of the Government shall be responsible for establishing and maintaining within his department or agency an effective program to insure that the employment and retention in employment of any civilian officer or employee within the department or agency is clearly consistent with the interests of the national security. ”

“ The most important agents of the Federal government are its officers; but no one will contend that when a man becomes an officer of the government he ceases to be subject to the laws of the State. The principle we are discussing has its limitation; a limitation growing out of the necessity on which the principle itself is founded. That limitation is, that the agencies of the Federal government are only exempted from State legislation so far as that legislation may interfere with or impair their efficiency, in performing the functions by which they were designed to serve that government. ”

“ The legislature must always have a discretionary power of appointing officers, not expressly known to the Constitution, and this power will include that of authorizing the federal government to make the appointments in cases where the general welfare may require it. ”

“ The Department of Justice and the Department of the Treasury currently consult a wide range of outside experts on various topics. Federal law enforcement agencies should implement changes in operation procedures and training to provide better leadership in future negotiations. Recent successful negotiations with the Viper Militia and the Freemen indicate implementation of successful negotiation policies. Federal law enforcement agencies should revise policies and training to increase the willingness of their agents to consider the advice of outside experts. ”

“ The executive powers are delegated to the President, with a view to have a responsible officer to superintend, control, inspect, and check, the officers necessarily employed in administering the laws. The only bond between him and those he employs is the confidence he has in their integrity and talents. When that confidence ceases, the principal ought to have the power to remove those whom he can no longer trust with safety, if an officer shall be guilty of neglect or infidelity, there can be no doubt but he ought to be removed ”

“ Each participating executive department and agency (agency) , as determined by the Secretary, shall appoint a senior official who is a full-time officer of the Federal Government and who is responsible for management or program administration. The official shall report directly to the agency head, or to the agency head's designee, on agency activity under this order and serve as liaison to the WHITCU. To the extent permitted by law and regulation, each agency shall provide appropriate information as requested by the WHITCU staff pursuant to this order. ”

“ The aggregate number of representatives throughout the states may be two thousand. The personal influence will, therefore, be proportionably more extensive than that of one or two hundred men in Congress. The state establishments of civil and military officers of every description, infinitely surpassing in number any possible correspondent establishments in the general government, will create such an extent and complication of attachments, as will ever secure the predilection arid support of the people. ”

“ It is said, in the Constitution, that the house shall have the power of choosing their own officers. We have chosen a clerk, and, I am satisfied, a very capable one; but will any gentleman contend that we may not discharge him, and choose another, and another, as often as we see cause? And so it is in every other instance—where they have power to make, they have likewise the power to unmake. It will be said, by gentlemen, that the power to make does not imply the power of unmaking; but I believe they will find very few exceptions in the United States. ”

“ The Constitution declares the tenure of the officers it recognizes, and says one class of them shall hold their offices during good behavior; they are the judges of your Supreme and other courts; but as to any other officer being established on this firm tenure, the Constitution is silent. It, then, necessarily follows that we must consider every other according to its nature, and regulate it in a corresponding manner. The business of the secretary of foreign affairs is of an executive nature, and must consequently be attached to the executive department. ”

“ The executive, therefore, ought to be so constituted as to be the great protector of the mass of the people. It is the duty of the executive to appoint the officers, and to command the forces, of the republic—to appoint, first, ministerial officers for the administration of public affairs ”

“ CIVIL-SERVICE REFORM IN THE UNITED STATES. "The question as to the Civil Service [in the United States] arises from the fact that the president has the power of appointing a vast number of petty officials, chiefly postmasters and officials concerned with the collection of the federal revenue. Such officials have properly nothing to do with politics, they are simply the agents or clerks or servants of the national government in conducting its business ”

“ They proposed, in order to induce the seizors to waive their appeal to the law of the state, that Congress would allow them to appoint one of two persons who should have authority to examine into the supplies, and decide whether they comprehended any articles that were not warranted by the passport The committee of Congress answered, that whatever obstacles might lie in the way of redress by the legislature, if no redress proceeded from them, equal difficulties would lie on the other aide ”