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 Country: United States
 Collection: Congressional Research Service Reports
Selected Theories of Constitutional Interpretation

Selected Theories of Constitutional Interpretation

Date: February 15, 2011
Creator: Thomas, Kenneth R.
Description: This report examines theories of constitutional interpretation, the role of the judiciary in this interpretation, and constitutional protections for fundamental rights.
Contributing Partner: UNT Libraries Government Documents Department
The Origination Clause of the U.S. Constitution: Interpretation and Enforcement

The Origination Clause of the U.S. Constitution: Interpretation and Enforcement

Date: March 15, 2011
Creator: Saturno, James V.
Description: Article I, Section 7, clause 1 of the U.S. Constitution is known as the Origination Clause because it provides that "All Bills for raising Revenue shall originate in the House of Representatives." The meaning and application of this clause has evolved through practice and precedent since the Constitution was drafted. The Constitution does not provide specific guidelines as to what constitutes a "bill for raising revenue." This report analyzes congressional and court precedents regarding that constitutes such a bill. Second, this report describes the various ways in which the Origination Clause has been enforced. Finally, this report looks at the application of the Origination Clause to other types of legislation.
Contributing Partner: UNT Libraries Government Documents Department
Constitution of the United States; Recent Writings: Bibliography-in-Brief

Constitution of the United States; Recent Writings: Bibliography-in-Brief

Date: August 12, 1998
Creator: Roe, Tangela G.
Description: This bibliography contains recent publications discussing the history, development, and application of the U.S. Constitution and the Bill of Rights.
Contributing Partner: UNT Libraries Government Documents Department
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

Date: May 7, 2014
Creator: Neale, Thomas H.
Description: This report looks at how Article V of the Constitution allows Congress to propose amendments -- specifically the process of organizing an Article V Convention, a method that has never been used and which is only briefly outlined in the Constitution.
Contributing Partner: UNT Libraries Government Documents Department
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

Date: April 11, 2014
Creator: Neale, Thomas H.
Description: This report looks at how Article V of the Constitution allows Congress to propose amendments -- specifically the process of organizing an Article V Convention, a method that has never been used and which is only briefly outlined in the Constitution.
Contributing Partner: UNT Libraries Government Documents Department
The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress

The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress

Date: July 10, 2012
Creator: Neale, Thomas H.
Description: This report identifies and examines historical issues related to the Article V Convention, which allows amendments to be added to the Constitution via Congressional vote or votes by the people.
Contributing Partner: UNT Libraries Government Documents Department
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

Date: July 9, 2012
Creator: Neale, Thomas H.
Description: This report looks at how Article V of the Constitution allows Congress to propose amendments, specifically the process of organizing an Article V Convention, a method which has never been used and which is only breifly outlined in the Constitution.
Contributing Partner: UNT Libraries Government Documents Department
The Origination Clause of the U.S. Constitution: Interpretation and Enforcement

The Origination Clause of the U.S. Constitution: Interpretation and Enforcement

Date: May 10, 2002
Creator: Saturno, James V.
Description: This report analyzes congressional and court precedents regarding bills under Article I, Section 7, clause 1 of the U.S. Constitution (known as the Origination Clause). It also describes the various ways in which the Origination Clause has been enforced and looks at the application of the Clause to other types of legislation.
Contributing Partner: UNT Libraries Government Documents Department
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

Date: March 29, 2016
Creator: Neale, Thomas H.
Description: Article V of the U.S. Constitution provides two ways to amend the nation's fundamental charter. Congress, by a two-thirds vote of both houses, may propose amendments to the states for ratification, a procedure that has been used for all 27 current amendments. This report identifies a range of policy questions Congress might face if an Article V Convention seemed imminent.
Contributing Partner: UNT Libraries Government Documents Department
The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress

The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress

Date: October 22, 2012
Creator: Neale, Thomas H.
Description: This report offers perspectives for Congress on the Article V Convention, opening with an overview of the provisions in Article V that established the convention procedure. The report further examines its origins at the Constitutional Convention of 1787; the history of the convention alternative, focusing on three major 20th century campaigns to convene a constitutional convention; and the role of the states in the Article V Convention process.
Contributing Partner: UNT Libraries Government Documents Department
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power

Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power

Date: July 12, 2010
Creator: Thomas, Kenneth R.
Description: The lines of authority between states and the federal government are, to a significant extent, defined by the United States Constitution and relevant case law. In recent years, however, the Supreme Court has decided a number of cases that would seem to reevaluate this historical relationship. This report discusses state and federal legislative power generally, focusing on a number of these "federalism" cases.
Contributing Partner: UNT Libraries Government Documents Department
The European Union's Reform Process: The Lisbon Treaty

The European Union's Reform Process: The Lisbon Treaty

Date: November 9, 2009
Creator: Archick, Kristin
Description: This report provides information on the Lisbon Treaty and possible U.S.-EU implications that may be of interest to the 111th Congress.
Contributing Partner: UNT Libraries Government Documents Department
A Balanced Budget Constitutional Amendment: Background and Congressional Options

A Balanced Budget Constitutional Amendment: Background and Congressional Options

Date: July 20, 2011
Creator: Saturno, James V. & Lynch, Megan Suzanne
Description: One of the most persistent political issues facing Congress in recent decades is whether to require that the budget of the United States be in balance. Although a balanced federal budget has long been held as a political ideal, the accumulation of large deficits in recent years has heightened concern that some action to require a balance between revenues and expenditures may be necessary. This report provides an overview of the issues and options that have been raised during prior consideration of proposals for a balanced budget constitutional amendment.
Contributing Partner: UNT Libraries Government Documents Department
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power

Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power

Date: September 23, 2013
Creator: Thomas, Kenneth R.
Description: This report discusses state and federal legislative power generally and focuses on a number of these "federalism" cases. The report discusses state and federal legislative power generally, and focuses on a number of these "federalism" cases.1 Issues addressed include congressional power under the Commerce Clause and the Fourteenth Amendment; limits on congressional powers, such as the Tenth Amendment; state sovereign immunity under the Eleventh Amendment; and grant condition imposed under the Spending Clause.
Contributing Partner: UNT Libraries Government Documents Department
A Balanced Budget Constitutional Amendment: Background and Congressional Options

A Balanced Budget Constitutional Amendment: Background and Congressional Options

Date: July 8, 2011
Creator: Saturno, James V. & Lynch, Megan Suzanne
Description: One of the most persistent political issues facing Congress in recent decades is whether to require that the budget of the United States be in balance. Although a balanced federal budget has long been held as a political ideal, the accumulation of large deficits in recent years has heightened concern that some action to require a balance between revenues and expenditures may be necessary. This report provides an overview of the issues and options that have been raised during prior consideration of proposals for a balanced budget constitutional amendment.
Contributing Partner: UNT Libraries Government Documents Department
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power

Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power

Date: February 1, 2008
Creator: Thomas, Kenneth R.
Description: The report discusses state and federal legislative power generally, and focuses on a number of these "federalism" cases. Issues addressed include congressional power under the Commerce Clause and the Fourteenth Amendment; limits on congressional powers, such as the Tenth Amendment; and state sovereign immunity under the Eleventh Amendment.
Contributing Partner: UNT Libraries Government Documents Department
Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: September 8, 2014
Creator: Ruane, Kathleen Ann
Description: This report provides an overview of the major exceptions to the First Amendment--of the ways that the Supreme Court has interpreted the guarantee of freedom of speech and press to provide no protection or only limited protection for some types of speech.
Contributing Partner: UNT Libraries Government Documents Department
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview

Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview

Date: October 13, 2010
Creator: Doyle, Charles
Description: This report briefly explores the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), which requires imposition of a minimum 15-year term of imprisonment for recidivists convicted of unlawful possession of a firearm under 18 U.S.C. 922(g). Section 924(e) applies only to those defendants who have three prior state or federal convictions for violent felonies or serious drug offenses. The report includes descriptions of constitutional challenges to the application of section 924(e), which have been generally unsuccessful.
Contributing Partner: UNT Libraries Government Documents Department
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments

Date: January 7, 2009
Creator: Luckey, John R.
Description: Many Members of Congress see continued tension between "free speech" decisions of the Supreme Court, which protect flag desecration as expressive conduct under the First Amendment, and the symbolic importance of the United States flag. This report is divided into two parts. The first gives a brief history of the flag protection issue, from the enactment of the Flag Protection Act in 1968 through current consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme Court, Texas v. Johnson and United States v. Eichman, that struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
Contributing Partner: UNT Libraries Government Documents Department
Flag Protection: A Brief History and Summary of Supreme Court Decisions and Proposed Constitutional Amendments

Flag Protection: A Brief History and Summary of Supreme Court Decisions and Proposed Constitutional Amendments

Date: January 20, 2011
Creator: Luckey, John R.
Description: This report is divided into two parts. The first gives a brief history of the flag protection issue, from the enactment of the Flag Protection Act in 1968 through current consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme Court, Texas v. Johnson and United States v. Eichman, that struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
Contributing Partner: UNT Libraries Government Documents Department
Military Personnel and Freedom of Religion: Selected Legal Issues

Military Personnel and Freedom of Religion: Selected Legal Issues

Date: February 1, 2011
Creator: Mason, R. Chuck & Brougher, Cynthia
Description: This report provides an overview of the requirements of the First Amendment related to military personnel's religious exercise. It analyzes current constitutional and statutory requirements regarding religious exercise, and provides a framework for how Congress and the courts might consider future issues that arise related to service members' religious exercise. Specifically, the report examines the limitations placed on service members in uniform in the exercise of their religious beliefs. It also examines the role of military chaplains and the legal challenges associated with publicly funding religious personnel. The report analyzes efforts by Congress and the Department of Defense to address the constitutional concerns that are raised by these issues.
Contributing Partner: UNT Libraries Government Documents Department
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Date: January 22, 2001
Creator: Luckey, John R
Description: This report is divided into two parts. The first gives a brief history of the protection of the flag issue from the enactment of the Flag Protection Act in 1968 until the present consideration of an amendment to the Constitution in the 106th Congress. The second part briefly summarizes the two decisions of the United States Supreme Court, Texas v. Johnson and United States v. Eichmann, which struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
Contributing Partner: UNT Libraries Government Documents Department
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Date: September 1, 2004
Creator: Luckey, John R
Description: This report is divided into two parts. The first gives a brief history of the flag protection issue, from the enactment of the Flag Protection Act in 1968 through current consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme Court, Texas v. Johnson and United States v. Eichman, that struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
Contributing Partner: UNT Libraries Government Documents Department
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Date: July 18, 2001
Creator: Luckey, John R
Description: This report is divided into two parts. The first gives a brief history of the flag protection issue, from the enactment of the Flag Protection Act in 1968 through current consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme Court, Texas v. Johnson and United States v. Eichman, that struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
Contributing Partner: UNT Libraries Government Documents Department
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