10 U.S.C. § 940
Art. 140. Delegation by the President
The President may delegate any authority vested in him under this chapter, and provide for the subdelegation of any such authority.
Notes of Decisions
Cited in 14
cases, 1965–2018 · leading case: United States v. Gooch, 69 M.J. 353 (C.A.A.F. 2011).
United States v. Gooch, 69 M.J. 353 (C.A.A.F. 2011). “2004); see Article 140, UCMJ, 10 U.S.C. § 940 (2006) (permitting President to delegate, and provide for subdelegation, any authority vested in him by the UCMJ).”
United States v. Kalscheuer, 11 M.J. 373 (1981). “Article 140, UCMJ, 10 U.S.C. § 940 (emphasis supplied). Accordingly, if the Uniform Code is applicable to the issue under consideration, the President, by providing for sub-delegation of the authority to order searches, has literally complied with Article 140.”
United States v. Kohut, 44 M.J. 245 (C.A.A.F. 1996). “The basis for his argument is Article 36, UCMJ, 10 USC § 836 , 1 which authorizes the President to make rules of procedure at courts-martial, and Article 140, UCMJ, 10 USC § 940 , 2 which permits the President to delegate and sub-delegate his authority in the Uniform Code of…”
United States v. Kelson, 3 M.J. 139 (1977). “Article 140, UCMJ, 10 U.S.C. § 940 , provides: The President may delegate any authority vested in him under this chapter, and provide for the subdelegation of any such authority.”
United States v. Drew, 15 C.M.A. 449 (1965). “” Article 140 of the Uniform Code of Military Justice, 10 USC § 940 , reads as follows: “The President may delegate any authority vested in him under this chapter, and provide for the subdele-gation of any such authority.”
United States v. Greenwell, 19 C.M.A. 460 (1970). “Had Congress intended to vest in the Secretary power to delegate his authority, we believe it would have said so, as it did with reference to the codal authority vested in the President.”
United States v. Kinney, 22 M.J. 872 (1986). “Rule 1108(d) constitutes a carefully limited delegation of a portion of this statutory power, pursuant to Article 140, UCMJ, 10 U.S.C. § 940 (1982). See United States v.”
United States v. Cunningham, 21 C.M.A. 144 (1971). “Had Congress intended to vest in the Secretary power to delegate his authority, we believe it would have said so, as it did with reference to the codal authority vested in the President.”
United States v. Gilley, 59 M.J. 245 (C.A.A.F. 2004). “” See Article 140, UCMJ, 10 U.S.C. § 940 (2000)(authorizing sub-delegation of the Article 66(f) rulemaking power).”
United States v. Cases, 6 M.J. 950 (1979). “Article 140, UCMJ, 10 U.S.C. § 940 ; paragraph 5a (5), Manual for Courts-Martial, United States, 1969 (Revised edition).”
United States v. Woods, 21 M.J. 826 (1986). “While the President allegedly is authorized to delegate and provide for the sub-delegation of “any” of the authority vested in him by Article 140, UCMJ, 10 U.S.C. § 940 , any such delegations to the service Secretaries currently are to be found within the MCM.”
United States v. Simpson, 2 M.J. 1125 (1976). “By Article 140, 10 U.S.C. § 940 , Congress permitted the President to redelegate his rule-making authority.”
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