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We have a right, in consequence of it, a necessary incidental power, to summon witnesses, if witnesses are necessary.
She added that the "incidental power" is a grey area, so "one can't say anything with confidence..
The only thing I can think of that might impede [the legislation] is if the high court took the view that the incidental power cannot be used in a 'coercive' way and therefore no penalty can apply".
The petitioner and the United States, as amicus, [n5] rely principally on two arguments to support the claim of absolute [p771] immunity for the President from civil liability: absolute immunity is an "incidental power" of the Presidency, historically recognized as implicit in the Constitution, and absolute immunity is required by the separation of powers doctrine.
Professor Lynch again: "If you take the view that the legislation establishing the plebiscite is not in and of itself a law with respect to marriage, but a process whereby the people are merely asked their opinion on a question about marriage, then it may be that the plebiscite itself already relies quite a bit on incidental power rather than the main grant.
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This section authorizes a federal credit union to enter into a suretyship or guaranty agreement as an incidental powers activity.
What categories of activities are preapproved as incidental powers necessary or requisite to carry on a credit union's business?
To exercise such other incidental powers as are necessary to carry out the powers, duties, and functions of the Corporation in accordance with this subchapter.
§ 721.4 How may a credit union apply to engage in an activity that is not preapproved as within a credit union's incidental powers?
incidental powers belonging to the executive department which are necessarily implied from the nature of the functions which are confided to it.
12 CFR § 721.3 - What categories of activities are preapproved as incidental powers necessary or requisite to carry on a credit union's business?
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com