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The national security advisor is a staff position in the Executive Office of the President and does not have line or budget authority over either the Department of State or the Department of Defense, unlike the secretary of state and the secretary of defense, who are Senate-confirmed officials with statutory authority over their departments. [7]
The Appointments Clause appears at Article II, Section 2, Clause 2 and provides:... and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be ...
[6] The officer's authority to command the forces of the U.S. draws its legitimacy from the president himself as "Commander in Chief of the Army and Navy of the United States"; the president cannot reasonably be expected to command every soldier, or any soldier, in the field and so delegates his authority to command to officers he commissions. [3]
Although secondary authorities are sometimes used in legal research [2] (especially, to allow a researcher to gain a preliminary, overall understanding of an unfamiliar area of law) and are sometimes even cited by courts in deciding cases, [3] secondary authorities are generally afforded less weight than the actual texts of primary authority ...
To address this and other problems, the National Security Act was amended in 1949 to further consolidate the national defense structure in order to reduce interservice rivalry, directly subordinate the secretaries of the Army, the Navy and the Air Force to the secretary of defense in the chain of command, and rename the National Military ...
The United States order of precedence is an advisory document maintained by the Ceremonials Division of the Office of the Chief of Protocol of the United States which lists the ceremonial order, or relative preeminence, for domestic and foreign government officials (military and civilian) at diplomatic, ceremonial, and social events within the United States and abroad.
There are a litany of Supreme Court and lower court cases which affect national security law. The landmark case that deals with separation of powers between Congress and the President is Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), also commonly referred to as The Steel Seizure Case, in which the United States Supreme Court limited the power of the President of the United States ...
National Security Act of 1947; Long title: An Act to promote the national security by providing for a Secretary of Defense; for a National Military Establishment; for a Department of the Army, a Department of the Navy, a Department of the Air Force; and for the coordination of the activities of the National Military Establishment with other departments and agencies of the Government concerned ...