Constitutional Implications of the Chemical Weapons Convention Hearing Before
Constitutional Implications of the Chemical Weapons Convention Hearing Before
Federalism United States Congress Senate Committee On the
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1823) (No. 15, 747). Chief Justice Marshall speaks here of being "employed under a contract"; in modem terminology the type of non-officer status he is describing is usually referred to as that of independent contractor. In Hartwell . This distinction shows up in the opinion's attention to the characteristics of the defendant's employment being "continuing and permanent, not occasional or temporary, " as well as to the suggestion that with respect to an officer, a superior can fix and then chan...ge the specific set of duties, rather than having those duties fixed by a contract. 73 U. S. At 393. - 18- 85 Consrirurional Separation of Powers The distinction between employees and persons whose relationship to the government takes some other form also appears in later decisions. '" The question in United States v. Germaine . 99 U. S. 508 (1879), concerned whether a surgeon appointed by the Commissioner of Pensions "to examine applicants for pension, where [the Commissioner] shall deem an examination .
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