H.R. 585 and Other Bills Relating to Judicial Review of Veterans' Claims: Hearings Before the Committee on Veterans' Affairs, House of Representatives, Ninety-ninth Congress, Second Session ....U.S. Government Printing Office, 1986 |
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action adversarial adversarial system agency American Legion American Veterans AMVETS assistance attorney believe bill Board of Veterans Chairman citizens claimant claims Committee on Veterans concerning Congressman Constitution court review CYNKAR DASCHLE decisions defend denied Department determinations disability Don Edwards EDWARDS EVANS evidence fact favor federal courts filed going Government hearings House Illinois involved issue JOHN PAUL HAMMERSCHMIDT judge judicial review Justice KAMEROW Lane Evans lawyers legislation LIBRARY OF CONGRESS LYNGH MASHAW matter military Montgomery National Executive Committee opinion PASSAMANECK position present problems procedures questions of law Radiation Survivors rating board record regional office regulations represent request resolution response review of veterans ROWLAND OF CONNECTICUT Section Senate service officers service organizations Shuman Social Security statement testimony Thank tion United VA's Veter Veterans Administration Veterans Affairs Veterans Appeals veterans benefits Veterans Due Process veterans organizations Washington
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296. lappuse - AN ACT To provide Federal Government aid for the readjustment in civilian life of returning World War II veterans.
112. lappuse - All decisions rendered by the Administrator of Veterans' Affairs under the provisions * * * of this title or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and no other official or court of the United States shall have jurisdiction to review by mandamus or otherwise any such decision." In 1940 Congress by a further Act, 54 Stat. 1197, 38 USCA § lla-2, provided that: "Notwithstanding any other provisions of law, * * * the decisions of the...
403. lappuse - The supremacy of law demands that there shall be opportunity to have some court decide whether an erroneous rule of law was applied and whether the proceeding in which facts were adjudicated was conducted regularly.
296. lappuse - That this act shall remain in force during the continuance of the present war and for six months after the; termination of the war by the proclamation of the treaty of peace, or at such earlier time as the President may designate...
299. lappuse - Law has reached its finest moments when it has freed man from the unlimited discretion of some ruler, some civil or military official, some bureaucrat. Where discretion is absolute, man has always suffered. At times it has been his property that has been invaded ; at times, his privacy; at times, his liberty of movement; at times, his freedom of thought; at times, his life. Absolute discretion is a ruthless master. It is more destructive of freedom than any of man's other inventions.
77. lappuse - I wish to thank you and the members of this committee for the opportunity to testify today on the subject of recomputation of pay for retired military personnel.
121. lappuse - ... by the Secretary of Agriculture under the Agricultural Marketing Agreement Act of 1937, as amended.
130. lappuse - The reviewing court shall — (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (C) in excess of statutory jurisdiction...
391. lappuse - ... professional propriety, causing delay and sowing confusion not only are his right but may be his duty. The appearance of counsel for the citizen is likely to lead the government to provide one— or at least to cause the government's representative to act like one. The result may be to turn what might have been a short conference leading to an amicable result into a protracted controversy.
117. lappuse - But this is no justification for unelected judges to supply the missing guidelines and test agency action accordingly. To the extent that a bureaucrat — or indeed the President — is acting without statutory authority, or plainly contrary to statute, the action is unconstitutional and, when their jurisdiction is properly invoked, it is the duty of courts to intervene. But judges do not have a roving commission as agents of the Congress to oversee the implementation of legislation by the bureaucracy....