[42] 3 U.S.C. § 21.
[43] Public Law 199, 80th Cong., 1st sess. By section 202 (a) of Public Law 253 of the 80th Cong., 1st sess., approved July 26, 1947, that is, eight days after Public Law 199, the "Secretary of War" and the "Secretary of the Navy" were stricken from the line of succession and the "Secretary of Defense" whose office Public Law 253 created, was inserted instead.
[44] Cf. 13 Op. Atty. Gen. 161 (1869), holding that a specific tax by the United States upon the salary of an officer, to be deducted from the amount which otherwise would by law be payable as such salary, is a diminution of the compensation to be paid to him, which, in the case of the President of the United States, would be unconstitutional if the act of Congress levying the tax was passed during his official term.
[45] The Federalist No. 69, 513, 515.
[46] Story's Commentaries, II, § 1492.
[47] Fleming v. Page, 9 How. 603, 615, 618 (1850).
[48] Ex parte Milligan, 4 Wall. 2, 139 (1866).
[49] 1 Stat. 424 (1795); 2 Stat. 443 (1807). See also Martin v. Mott, 12 Wheat. 19, 32-33 (1827), asserting the finality of the President's judgment of the existence of a state of facts requiring his exercise of the powers conferred by the act of 1795.
[50] Messages and Papers of the Presidents, VII, 3221.
[51] 2 Bl. 635 (1863).