Federal officer

“ I cannot subscribe to the opinion, delivered by some gentlemen, that the executive in its nature implies the power to appoint the officers of government. Why does it imply it? The appointment of officers depends upon the qualities that are necessary for forming a judgment on the merits of men; and the displacing of them, instead of including the idea of what is necessary for an executive officer, includes the idea necessary for a judicial one; therefore it cannot exist, in the nature of things, that an executive power is either to appoint or displace the officers of government. ”

“ That officer is not, by the Constitution, and never was designed to be, anything more than a simple executive of the laws; but the principle which consolidates all power in the federal government clothes him with royal authority, and subjects every right and every interest of the people to his will. The boasted balance, which is supposed to be found in the separation and independence of the departments, is proved, even by our own experience, apart from all reasoning, to afford no sufficient security against this accumulation of powers. ”

“ If we give this power to the President, he may, from caprice, remove the most worthy men from office: his will and pleasure will be the slight tenure by which an office is to be held; and of consequence, you render the officer the mere state dependant, the abject slave, of a person who may be disposed to abuse the confidence his fellow-citizens have placed in him.
Another danger may result. If you desire an officer to be a man of capacity and integrity, you may be disappointed. ”

“ It is impossible that any officer could be chosen more impartially. He is, in consequence of his election, the creature of no particular district or state, but the officer and representative of the Union. ”

“ When an officer is appointed by the President and Senate, he can only be displaced, from malfeasance in his office, by impeachment. I think this would give a stability to the executive department, so far as it may be described by the heads of departments, which is more incompatible with the genius of republican governments in general, and this Constitution in particular, than any doctrine which has yet been proposed. ”

“ Executive Order 13538 of April 19, 2010, is amended in section 4 (c) by striking “The Executive Director shall serve as the Designated Federal Officer in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA) ” and inserting in lieu thereof “The PMAB shall also have a Designated Federal Officer (DFO) in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA) . The Executive Director may serve as the DFO”. ”

“ 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 ”

“ When any forces are raised, they shall be under the command of the executive authority of the state in which they are so raised, unless they be joined by troops from any other state, in which the Congress, or grand council of the states, may appoint a general officer to take the command of the whole ”

“ 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. ”

“ 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. ”

“ A power that hitherto all the departments of the Federal Government, acting in concert or separately, have not dared to exercise is here attempted to be conferred on a subordinate military officer. To him, as a military officer of the Federal Government, is given the power, supported by "a sufficient military force," to remove every civil officer of the State. ”

“ And we think it clear that the Federal government, under the Constitution, has no power to impose on a State officer, as such, any duty whatever, and compel him to perform it; for if it possessed that power it might overload the officer with duties which would fill up all his time, and disable him from performing his obligations to the State and might impose on him duties of a character incompatible with the rank and dignity to which he was elevated by the State. It is true that Congress may authorize a particular State officer to perform a particular duty ”

“ As the propositions were agreed to by the committee of the whole House, the President was to be appointed by the national legislature; and as it was reported by the committee of detail, the choice was to be made by ballot, in such a manner that the States should have an equal voice in the appointment of this officer, as they, of right, ought to have; but those who wished as far as possible to establish a national instead of a federal government, made repeated attempts to have the President chosen by the people at large. ”

“ Each executive department and agency identified by the Secretary shall appoint a senior official, who is a full-time officer of the Federal Government, to report directly to the department or agency head with respect to department or agency activity under this order, and to serve as liaison to the Board and to the Initiative. ”

“ That the executive, besides a general authority to execute the federal acts, ought to appoint all federal officers not otherwise provided for, and to direct all military operations; provided, that none of the persons composing the federal executive shall, on any occasion, take command of any troops, so as personally to conduct any military enterprise as general, or in any other capacity. ”

“ 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 legislative power of the Empire shall be exercised by the federal council and the diet. A majority of the votes of both houses shall be necessary and sufficient for the passage of a law. When a law is proposed in relation to the army or navy, or to the imposts specified in article 35, the vote of the presiding officer shall decide; in case of a difference of opinion in the federal council, if said vote shall be in favor of the retention of the existing arrangements. ”

“ Unpaid service in local or municipal fire departments is not regarded as an office within the intent of the Executive order, and may be performed by Federal officers, provided it does not interfere with the regular and efficient discharge of the duties of the Federal office, of which the head of the Department under which the office is held will in each case be the judge. Employment by the day as mechanics and laborers in the armories, arsenals, navy-yards, etc., does not constitute an office of any kind, and those thus employed are not within the contemplation of the Executive order. ”

“ The head of each Federal agency shall, unless exempted under section 214, designate a qualified official to be known as the agency’s ‘preservation officer’ who shall be responsible for coordinating that agency’s activities under this Act. Each Preservation Officer may, in order to be considered qualified, satisfactorily complete an appropriate training program established by the Secretary under section 101 (g) .Ante, p. ”

“ By virtue of and pursuant to the authority vested in me by section 1753 of the Revised Statutes of the United States (U.S.C., title 5, sec. 631) and as President of the United States, it is ordered that the Executive Order of January 17, 1873, as amended, prohibiting, with certain exceptions, Federal officers and employees from holding state, territorial and municipal offices, be, and it is hereby, suspended and made inoperative insofar as the United States Civil Service Commission shall, by regulation, authorize appointments to positions directly concerned with national defense. ”

“ No member of the Federal Reserve Board shall be an officer or director of any bank, banking institution, trust company, or Federal Reserve bank or hold stock in any bank, banking institution, or trust company; and before entering upon his duties as a member of the Federal Reserve Board he shall certify under oath that he has complied with this requirement, and such certification shall be filed with the secretary of the Board. ”

“ If any executive officer of any member bank borrow from or if he be or become indebted to any bank other than a member bank of which he is an executive officer, he shall make a written report to the chairman of the board of directors of the member bank of which he is an executive officer, stating the date and amount of such loan or indebtedness, the security therefor, and the purpose for which the proceeds have been or are to be used. ”

“ No bank which is a holder of class A stock shall pay any dividends until all assessments levied upon it by the Corporation shall have been paid in full; and any director or officer of any such bank who participates in the declaration or payment of any such dividend may, upon conviction, be fined not more than $1,000, or imprisoned for not more than one year, or both. ”

“ 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. ”

“ 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. ”

“ The members of the legislative, executive, and judiciary departments of thirteen and more States, the justices of peace, officers of militia, ministerial officers of justice, with all the county, corporation, and town officers, for three millions and more of people, intermixed, and having particular acquaintance with every class and circle of people, must exceed, beyond all proportion, both in number and influence, those of every description who will be employed in the administration of the federal system. ”

“ A loan or extension of credit to a director officer, clerk, or other employee or any representative of any such affiliate shall be deemed a loan to the affiliate to the extent that the proceeds of such loan are used for the benefit of, or transferred to, the affiliate. ”

“ The accountable individual may be granted relief if certain conditions are met. (SOURCE - DOS/ USAID, FAH, 4 FAH-3 H-392) accountable officer - Any U.S. Government officer or employee who by reason of his or her employment is responsible for or has custody of U.S. Government funds. An accountable officer is personally liable to the U.S. Government for any loss of the funds in his or her charge, regardless of fault, unless relief is granted or the loss is recovered. ”

“ 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. ”

“ 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. ”

“ With respect to the value of this institution, I must make a general observation. We think, in America, that it is necessary to introduce the people into every department of government, as far as they are capable of exercising it: and that this is the only way to insure a long continued and honest administration of its powers.
1. They are not qualified to exercise themselves the executive department, but they are qualified to name the person who shall exercise it. With us, therefore, they choose this officer every four years. 2. They are not qualified to legislate. ”