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So, Every head of state has the authority of the president in there area? Hahahaaaaaaa...Sorry, it STILL has to be delegated...where is that piece of paper that says this, not the crap you posted that says the president CAN delegate...
No, and YOU just proven my point, there is no manual for each department, there is one though, and the PRESIDENT much delegate it in writing each and every time, no matter how you think it works and then it is only based on a time frame, there is absolutely no carte blanche in this situation, unless once again you are saying that all heads of the in he executive branch have presidential authority "just because."
Yep, and they do NOT have the delegated authority of the president as you are suggesting...
You obviously need a simpler version than I can manage.
Perhaps from the good old Wikipedia...and if you don't like it you can go edit it....
In 3 U.S.C. § 302 with regard to delegation of authority by the President, it is provided that "nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President." This pertains directly to the heads of the executive departments as each of their offices is created and specified by statutory law (hence the presumption) and thus gives them the authority to act for the President within their areas of responsibility without any specific delegation.
You obviously need a simpler version than I can manage.
Perhaps from the good old Wikipedia...and if you don't like it you can go edit it....
In 3 U.S.C. § 302 with regard to delegation of authority by the President, it is provided that "nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President." This pertains directly to the heads of the executive departments as each of their offices is created and specified by statutory law (hence the presumption) and thus gives them the authority to act for the President within their areas of responsibility without any specific delegation.
No, lets go to the EXACT LAW as stated, I know these big words may have you scratching your head, but try to comprehend what these words:
Quote:
The authority conferred by this chapter shall apply to any function vested in the President by law if such law does not affirmatively prohibit delegation of the performance of such function as herein provided for, or specifically designate the officer or officers to whom it may be delegated. This chapter shall not be deemed to limit or derogate from any existing or inherent right of the President to delegate the performance of functions vested in him by law, and nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President.
I guess 14ish people have the authority of the president because you say so....
What you provided says nothing about their office, so, in your own words, those heads, have full authority of the president...
You always miss that last sentence...
and nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President.
That says the delegation is presumed if the SofS operates in the area covered by State. And note that express authorization is specifically excluded as a requirement.
You should go back to the wiki. The language of the law is obviously more than you can handle.
and nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President.
That says the delegation is presumed if the SofS operates in the area covered by State. And note that express authorization is specifically excluded as a requirement.
You should go back to the wiki. The language of the law is obviously more than you can handle.
And you miss the first part of the sentence....
You need your grandchild (children) to explain the ENTIRE sentence...not what you cherry pic...
You obviously need a simpler version than I can manage.
Perhaps from the good old Wikipedia...and if you don't like it you can go edit it....
In 3 U.S.C. § 302 with regard to delegation of authority by the President, it is provided that "nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President." This pertains directly to the heads of the executive departments as each of their offices is created and specified by statutory law (hence the presumption) and thus gives them the authority to act for the President within their areas of responsibility without any specific delegation.
You should take note of the bolded as it completely destroys the "built-in authority" the Secretary of State has in regards to the issue that has taken us down this hijack.
You should take note of the bolded as it completely destroys the "built-in authority" the Secretary of State has in regards to the issue that has taken us down this hijack.
Sorry that is nonsense. The SofS controls security and classification within the State Department. And the writings of the SofS are within the State Dept.
Sorry that is nonsense. The SofS controls security and classification within the State Department. And the writings of the SofS are within the State Dept.
No, the Secretary does not deem what is and what is not classified in her department...
Classification of what is classified is the same throughout the government, what is classified secret in the Army will still be classified secret in the Navy, Air Force, and Marines and what is secret in the Secretary of States hands will still be secret in my hands, the presidents hands, and the 4 star generals hands...no if's ands or butts about it.., sorry but the way you say it works is just wrong and a lie...period...end of story on that...
No, the Secretary does not deem what is and what is not classified in her department...
Classification of what is classified is the same throughout the government, what is classified secret in the Army will still be classified secret in the Navy, Air Force, and Marines and what is secret in the Secretary of States hands will still be secret in my hands, the presidents hands, and the 4 star generals hands...no if's ands or butts about it.., sorry but the way you say it works is just wrong and a lie...period...end of story on that...
That is your fantasy. Hold on tight. But it is utterly untrue. Simple as that.
Within the confines of the State Dept the SofS controls. Outside not. And information that flows between is murky grey. It appears to me the local head decides. Though the President could reverse that. But is unlikely to.
Sorry that is nonsense. The SofS controls security and classification within the State Department. And the writings of the SofS are within the State Dept.
Even if that were true (which it's not), it still does not give her authority to declassify ANY information as she sees fit. She does not have that express authority because it's not within the purview of her position. The Secretary of State is not the gatekeeper of what's classified and not classified. There non-arbitrary, tangible and validated methods on what makes something classified, it's not an "opinion" or an arbitrary process determined by what an individual thinks. The various department heads have to follow the protocol and policies for the handling, disseminating and processing classified and sensitive information and these process are backed by policies, laws and regulations.
Last edited by billydaman; 09-14-2015 at 06:43 PM..
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