presidents duties and powers

• Twenty-Eight Words: Enforcing Corporate Fiduciary Duties Through Criminal Prosecution of Honest Services Fraud

This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...

..., Justice Kennedy wrote that separation of powers concerns constrained the Court.179 The decision to... than 200 chief executive officers and presidents, more than 120 corporate vice presidents, and more...

• Delaware Journal of Corporate Law
• Vol. 35 Nbr. 1, January 2010

• Self-Regulatory Organizations; Proposed Rule Changes:

...In Section 7, titled Powers, the Exchange is proposing to change the title Boa...Section 4-4, titled Duties and. Powers, would be deleted and replaced by the ...Presidents and Assistant Officers, By-Law Section 5-11 titled...

• FR, March 04, 2011
• Notices
• Securities and Exchange Commission

• Section 3: Legislative, Diplomatic, and Law Enforcement Duties of the President

... Spoils System, an ever present help to Presidents in times of troubled relations with Congress. It ... on the score of "usurping" legislative powers, but still earlier ones, Washington, Jefferson, a...

• Constitution of the United States (Annotated)

• Clinton v. Jones, 520 U.S. 681 (1997)

... Branch would violate separation of powers. Held:. 1. This Court need not address two importa...The principal rationale for affording Presidents immunity from damages actions based on their offic... hamper the performance of his official duties. That assertion finds little support either in his...

• U.S. Supreme Court

• The Ideological Origins of American Federalism.

... MULTIPLICITY INTO THE SEPARATION OF POWERS A. Three Cases of Separation-of-Powers Multiplicit..., upon any Subject relating to the Duties of their respective Offices," (106) Washington sou... OF THE MESSAGES AND PAPERS OF THE PRESIDENTS 1139 (James D. Richardson ed., New York, Bureau of...

• Yale Law Journal
• Vol. 120 Nbr. 5, March 2011

• The contemporary presidency: the presidential authority problem and the political power trap.

A confounding problem for presidents in recent decades has been one of maintaining supp...The enhanced powers of the contemporary presidency have encouraged the... election processes and institutional duties account for much of this weakness. The two electio...

• Presidential Studies Quarterly
• Vol. 41 Nbr. 4, December 2011

• Section 2: Powers and Duties of the President

..., but a purely advisory body, such as Presidents have frequently created in the past without the ai...

• Constitution of the United States (Annotated)

• 36 USC 152304 - Sec. 152304. Governing body

... board, a president, one or more vice presidents, a secretary, a treasurer, and assistant officers ...The officers shall perform the duties and have the powers provided in the bylaws and by ...

• US Code - Title 36: Patriotic Societies and Observances

• The new deal and modern memory.

...1119) examine the explanatory powers of eight possible shocks, including one that repre... Tariff Act of 1930, which increased import duties above and beyond the "forbiddingly high levels" es... of 1933, as it also apparently was to presidents George W. Bush and Barack Obama in the wake of the...

• Southern Economic Journal
• Vol. 77 Nbr. 3, January 2011

• Executive Branch Czars, Who Are They? Are They Needed? Can Congress Do Anything About Them?

For those concerned with constitutional adherence the primary issue is that the appointment of new executive branch officials and White House advisors may not be consistent with the Appointments Clause ofthe United States Constitution.13 While, for others the practical issue is that the expansive use of czars raises accountability, legislative oversight and governmental efficiency concerns.14 Both categories of issues implicate constitutional concerns of separation of powers,15 checks and balances,16 and doctrinal constitutional adherence. Since taking office, President Obama has notably increased the number and authority of advisors appointed through this controversial appointment practice,17 continuing an executive branch trend that should be controlled and slowed. [...] the sharp r...

... or declining to appoint.43 Some presidents have frequently appointed czars while others have ... the Act to perform only certain, limited duties. . . . Third, [Morrison's] office is limited in ju...

• The William and Mary Bill of Rights Journal