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The majority's position in this case [p520] cannot be reconciled with that clear authorization of Congress.
Administration officials continued to press today for a single resolution mandating tough terms for United Nations weapons inspectors, as well as clear authorization for military action if Mr. Hussein is in defiance.
And they said that American officials concerned about the well-being of the children had allowed Mr. Rendell to remove them from Haiti even though they had not received clear authorization to travel by the Haitian government and were not in the process of being adopted by American families, as required by a United States humanitarian parole policy announced the day Mr. Rendell landed in Haiti.
Similarly, although Congress can preempt state law, albeit only when its intent to do so is clear, some commentators have read it line of Supreme Court decisions to hold that agencies cannot, except upon Congress's clear authorization.
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Last week, the Xinjiang government issued amended rules for its "deradicalization" program that for the first time gave clear public authorization for the indoctrination camps.
Nor is it clear whether authorization occurred during the administration of President Kennedy, who took office in January , 1961 or that of President Eisenhower, Mr. Kennedy's predecessor.
Absent clear congressional authorization, such action violates the Constitution because it would indirectly trigger either "taxation without representation" or confiscation without compensation.
Where, as here, the president's power as commander in chief of the armed forces and the domestic rule of law intersect, we conclude that clear congressional authorization is required for detentions of American citizens on American soil because the "Nondetention Act" prohibits such detentions absent specific congressional authorization.
As we have made clear above, authorization from one's superiors cannot convert illegal activity into legal, yet it surely can affect a defendant's belief that his conduct was lawful particularly when we are dealing in an area of international security concerns, and when the authorization is thought to come from the President himself...
Most generally, it suggests the need for clear congressional authorization for presidential action that intrudes on liberty or departs from well-established historical practices.
Assuming the existence of the doctrine as they have expounded it, and assuming further that the rule in this case qualifies as a major one so as to bring the doctrine into play, the question posed by the doctrine is whether the FCC has clear congressional authorization to issue the rule.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com