You limited your search to:

 Collection: Congressional Research Service Reports
The Constitutionality of Requiring Photo Identification for Voting: An Analysis of Crawford v. Marion County Election Board
In a splintered decision issued in April 2008, the Supreme Court upheld an Indiana statute requiring identification for voting, determining that lower courts had correctly decided that the evidence in the record was insufficient to support a facial attack on the constitutionality of the law. Written by Justice Stevens, the lead opinion in Crawford v. Marion County Election Board finds that the law imposes only "a limited burden on voters' rights," which is justified by state interests. digital.library.unt.edu/ark:/67531/metacrs10744/
Delegation of the Federal Power of Eminent Domain to Nonfederal Entities
Congress has on several occasions delegated its power of eminent domain to entities outside the federal government -- public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegates, is today beyond dispute. However, among delegates with both federal and private characteristics, there is some subjectivity to deciding which to list in a report limited to "nonfederal entities." For delegatees of federal eminent domain power listed here, delegations since 1920 have primarily been to Amtrak, hydroelectric facilities (for dams and reservoirs), and entities engaged in the movement of electricity, gas, and petroleum (the last one expired), and for interstate bridges. digital.library.unt.edu/ark:/67531/metacrs10746/
The European Union's Reform Process: The Lisbon Treaty
In December 2007, leaders of the European Union (EU) signed the Lisbon Treaty, which seeks to reform the EU's governing institutions and decisionmaking processes to enable a larger EU to operate more effectively. This new treaty represents the latest stage in a reform process begun in 2002 and essentially replaces the proposed EU "constitution" that foundered after French and Dutch voters rejected it in referendums in 2005. In June 2008, Irish voters rejected the Lisbon Treaty, and have thrown its future into doubt. This report provides background information on EU reform efforts and possible implications for U.S.-EU relations that may be of interest in the second session of the 110th Congress. digital.library.unt.edu/ark:/67531/metacrs10595/
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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. Consequently, every Congress that has convened since those decisions were issued has considered proposals that would permit punishment of those who engage in flag desecration. 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 of punishing expressive conduct. digital.library.unt.edu/ark:/67531/metacrs10525/
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments
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. digital.library.unt.edu/ark:/67531/metacrs9725/
Presidential Signing Statements: Constitutional and Institutional Implications
No Description digital.library.unt.edu/ark:/67531/metacrs9564/
Statutory Interpretation: General Principles and Recent Trends
No Description digital.library.unt.edu/ark:/67531/metacrs9267/
National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments
No Description digital.library.unt.edu/ark:/67531/metacrs10850/
National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments
No Description digital.library.unt.edu/ark:/67531/metacrs10849/
Line Item Veto: A Constitutional Analysis of Recent Proposals
This report discusses the Legislative Line Item Veto and its constitutional issues and the President’s rescission proposals must be enacted by both Houses and signed into law. digital.library.unt.edu/ark:/67531/metacrs10838/
Farm Product "Check-Off" Programs: A Constitutional Analysis
This report begins with a brief introduction to check-off programs and then describes many of the First Amendment principles that have been discussed in checkoff cases. Next is an analysis of the first two challenges that reached the Supreme Court, as well as a brief discussion of subsequent lower court decisions. This report concludes with a discussion of Johanns v. Livestock Marketing Association and its possible implications for check-off programs. digital.library.unt.edu/ark:/67531/metacrs9116/
Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name
It is unclear whether making a “.xxx” domain mandatory would violate the First Amendment. Some propose making use of a “.xxx” domain voluntary, but others propose that Congress make it mandatory. The latter proposal raises the question whether a mandatory separate domain would violate the First Amendment, and this report focuses on that question. digital.library.unt.edu/ark:/67531/metacrs9146/
Constitutionality of Proposals to Prohibit the Sale or Rental to Minors of Video Games with Violent or Sexual Content or "Strong Language"
It has been proposed that Congress prohibit the sale or rental to minors of video games that are rated “M” (mature) or “AO” (adults-only) by the Entertainment Software Ratings Board. This board is a non-governmental entity established by the Interactive Digital Software Association, and its ratings currently have no legal effect. digital.library.unt.edu/ark:/67531/metacrs9144/
Constitutional Conventions: Political and Legal Questions
This report discusses the applications that have been passed by 32 of the necessary 34 State legislatures to convene a convention to propose an amendment prohibiting abortion. Because this process for amending the Constitution has never been used, several unresolved legal and policy questions arise governing the convening and the authority of such a convention. digital.library.unt.edu/ark:/67531/metacrs9057/
Afghanistan: Elections, Constitution, and Government
In 2004 and 2005, Afghanistan adopted a permanent constitution and elected a president and a parliament. The parliament is emerging as a significant force in Afghan politics, as shown in debate over a new cabinet proposed in March 2006. However, insurgent violence continues to threaten Afghan stability. See CRS Report RL30588, Afghanistan: Post-War Governance, Security, and U.S. Policy, by Kenneth Katzman. digital.library.unt.edu/ark:/67531/metacrs8958/
Afghanistan: Elections, Constitution, and Government
In 2004 and 2005, Afghanistan adopted a permanent constitution and elected a president and a parliament. The parliament is emerging as a significant force in Afghan politics, as shown in debates over a new cabinet and the 2006 budget. See CRS Report RL30588, Afghanistan: Post-War Governance, Security, and U.S. Policy, by Kenneth Katzman. digital.library.unt.edu/ark:/67531/metacrs8957/
Statutory Interpretation: General Principles and Recent Trends
No Description digital.library.unt.edu/ark:/67531/metacrs8845/
Balanced Budget and Spending Limitations: Proposed Constitutional Amendments in the 97th Congress
Expenditures and revenue limitation proposals link Federal spending and taxation to some measure of economic performance, such as the rate of economic growth or percentage levels of GNP or national income. The report presents this issue brief reviews, the various approaches to balance the budget and to impose spending limitations offered as constitutional amendments’ in the 97 congress. digital.library.unt.edu/ark:/67531/metacrs8820/
The Eighteen Year Old Vote: The Twenty-sixth Amendment and Subsequent Voting Rates of Newly Enfranchised Age Groups
This report traces the progress of proposals to expand the right to vote to citizens between the ages of 18 and 21, culminating in the ratification of the 26th Amendment to the Constitution of the United States in 1971. It also reviews the voting rates of the newly enfranchised age group and compares them to voting rates of other age groups. digital.library.unt.edu/ark:/67531/metacrs8805/
Legal Analysis of President Reagan's Proposed Constitutional Amendment on School Prayer
No Description digital.library.unt.edu/ark:/67531/metacrs8801/
Selected Bicentennial Celebrations Commemorating the 200th Anniversaries of the U.S. Constitution and of the U.S. Congress
No Description digital.library.unt.edu/ark:/67531/metacrs8716/
Charitable Choice: Legal and Constitutional Issues
This report provides analysis of a number of factual, civil rights, and constitutional questions that have been raised regarding charitable choice in general. The analysis is generally focused on those provisions enacted as part of the 1996 welfare reform law. More recent charitable choice rules may give rise to the same or similar concerns. Primarily, this report focuses on civil rights concerns that have arisen in the context of charitable choice and First Amendment issues, as well as recent legal developments related to charitable choice. digital.library.unt.edu/ark:/67531/metacrs8340/
Excited Utterances, "Testimonial" Statements, and the Confrontation Clause
The United States Supreme Court will hear oral argument this term in appeals from two state supreme court cases, Hammon v. Indiana and Davis v. Washington, concerning the admissibility of “excited utterance” statements made by non-testifying witnesses at criminal trials. In the landmark Crawford v. Washington case in 2004, the Court held that the Sixth Amendment’s Confrontation Clause forbids hearsay “testimonial” evidence from being introduced against the accused unless the witness is unavailable to testify and the defendant has had a prior opportunity to crossexamine the witness. However, the Crawford Court declined to provide a comprehensive definition of “testimonial,” leaving such task “for another day.” digital.library.unt.edu/ark:/67531/metacrs8256/
Protecting Our Perimeter: “Border Searches” under the Fourth Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs7512/
The European Union's "Constitution"
In June 2004, the European Union (EU) concluded work on a constitutional treaty that contains changes to the EU’s governing institutions and decision-making processes. This new “constitution” grew out of the 2002-2003 Convention on the Future of Europe and previous EU efforts to institute internal reforms ahead of the Union’s expansion from 15 members to 25 in May 2004. The “constitution” aims to enable a larger EU to operate effectively and prevent gridlock, but it must still be ratified by all member states before it enters into force. This report provides background information on the Convention and describes the EU “constitution,” its key provisions, next steps, and possible implications for the U.S.-EU relationship. digital.library.unt.edu/ark:/67531/metacrs6960/
The European Union's Constitution
In June 2004, the European Union (EU) concluded work on a constitutional treaty that contains changes to the EU’s governing institutions and decision-making processes. This new “constitution” grew out of the 2002-2003 Convention on the Future of Europe and previous EU efforts to institute internal reforms ahead of the Union’s expansion from 15 members to 25 in May 2004. The “constitution” aims to enable a larger EU to operate effectively and prevent gridlock, but it must still be ratified by all member states before it enters into force. This report provides background information on the Convention and describes the EU “constitution,” its key provisions, next steps, and possible implications for the U.S.-EU relationship. digital.library.unt.edu/ark:/67531/metacrs6959/
The European Union's "Constitution"
In June 2004, the European Union (EU) concluded work on a constitutional treaty that contains changes to the EU’s governing institutions and decision-making processes. This new “constitution” grew out of the 2002-2003 Convention on the Future of Europe and previous EU efforts to institute internal reforms ahead of the Union’s expansion from 15 members to 25 in May 2004. The “constitution” aims to enable a larger EU to operate effectively and prevent gridlock, but it must still be ratified by all member states before it enters into force. This report provides background information on the Convention and describes the EU “constitution,” its key provisions, next steps, and possible implications for the U.S.-EU relationship. digital.library.unt.edu/ark:/67531/metacrs6958/
The European Union's "Constitution"
In June 2004, the European Union (EU) concluded work on a constitutional treaty that contains changes to the EU’s governing institutions and decision-making processes. This new “constitution” grew out of the 2002-2003 Convention on the Future of Europe and previous EU efforts to institute internal reforms ahead of the Union’s expansion from 15 members to 25 in May 2004. The “constitution” aims to enable a larger EU to operate effectively and prevent gridlock, but it must still be ratified by all member states before it enters into force. This report provides background information on the Convention and describes the EU “constitution,” its key provisions, next steps, and possible implications for the U.S.-EU relationship. digital.library.unt.edu/ark:/67531/metacrs6957/
Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
No Description digital.library.unt.edu/ark:/67531/metacrs6852/
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs6851/
Freedom of Speech and Press: Exceptions to the First Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs6543/
Freedom of Speech and Press: Exceptions to the First Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs6542/
Freedom of Speech and Press: Exceptions to the First Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs6621/
Campaign Finance: Constitutional and Legal Issues of Soft Money
"Soft money" has become one of the major issues in the area of campaign financing in federal elections. The controversy surrounding this issue is due to the perception that soft money may be the largest loophole in the Federal Election Campaign Act (FECA). Soft money is broadly defined as funds that are raised and spent according to applicable state laws; that would be impermissible, under the FECA, to spend directly in federal elections and that may have an indirect influence on federal elections. This Issue Brief discusses three major types of soft money: political party soft money, corporate and labor union soft money, and soft money used for issue advocacy communications. digital.library.unt.edu/ark:/67531/metacrs6363/
A Tax Limitation Constitutional Amendment: Issues and Options Concerning a Super-Majority Requirement
Proposals to limit the federal government’s authority to raise taxes have been made several times in recent years. Most frequently, these proposals call for limits on Congress’s ability to pass revenue measures. Typically, limitation proposals would allow increases in tax revenues only under one of two circumstances. First, tax revenues could increase under existing tax laws as a result of economic upturns. Alternatively, they could increase because of a new law, but only if it were passed by a super-majority (typically two-thirds or three-fifths). Questions about how such proposals might be applied in practice have not been clearly answered. Congress has previously considered such proposals in 1996, 1997, 1998, 1999, 2000, and 2001. In each case the proposal has failed to achieve the two-thirds majority necessary for passage. Most recently, the House considered H.J.Res. 96 on June 12, 2002. The measure failed to achieve the necessary two-thirds, 227-178. This report will be updated to reflect any further legislative actions on such proposals. digital.library.unt.edu/ark:/67531/metacrs5394/
A Tax Limitation Constitutional Amendment: Issues and Options Concerning a Super-Majority Requirement
Proposals to limit the federal government’s authority to raise taxes have been made several times in recent years. Most frequently, these proposals call for limits on Congress’s ability to pass revenue measures. Typically, limitation proposals would allow increases in tax revenues only under one of two circumstances. First, tax revenues could increase under existing tax laws as a result of economic upturns. Alternatively, they could increase because of a new law, but only if it were passed by a super-majority (typically two-thirds or three-fifths). Questions about how such proposals might be applied in practice have not been clearly answered. Congress has previously considered such proposals in 1996, 1997, 1998, 1999, 2000, and 2001. In each case the proposal has failed to achieve the two-thirds majority necessary for passage. Most recently, the House considered H.J.Res. 96 on June 12, 2002. The measure failed to achieve the necessary two-thirds, 227-178. This report will be updated to reflect any further legislative actions on such proposals. digital.library.unt.edu/ark:/67531/metacrs3422/
Super-Majority Voting Requirement for Tax Increases: An Overview of Proposals for a Constitutional Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs5393/
Super-Majority Voting Requirement for Tax Increases: An Overview of Proposals for a Constitutional Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs3421/
Super-Majority Voting Requirement for Tax Increases: An Overview of Proposals for a Constitutional Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs1947/
Federalism, State Sovereignty and the Constitution: Basis and Limits of Congressional Power
No Description digital.library.unt.edu/ark:/67531/metacrs5387/
Federalism, State Sovereignty and the Constitution: Basis and Limits of Congressional Power
No Description digital.library.unt.edu/ark:/67531/metacrs5386/
Federalism and the Constitution: Limits on Congressional Power
No Description digital.library.unt.edu/ark:/67531/metacrs1942/
Constitutional Constraints on Congress' Ability to Protect the Environment
Federal protection of the environment must hew to the same constitutional strictures as any other federal actions. In the past decade, however, the Supreme Court has invigorated several of these strictures in ways that present new challenges to congressional drafters of environmental statutes. This report reviews six of these newly emergent constitutional areas, with special attention to their significance for current and future environmental legislation. digital.library.unt.edu/ark:/67531/metacrs1186/
Legislative Prayer and School Prayer: The Constitutional Difference
No Description digital.library.unt.edu/ark:/67531/metacrs109/
Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements
Campaign finance reform legislation often contains provisions that would impose additional reporting and disclosure requirements under the Federal Election Campaign Act (FECA). For example, S. 27 (McCain/Feingold), would require disclosure of disbursements of expenditures over $10,000 for “electioneering communications,” which are defined to include broadcast ads that “refer” to federal office candidates, with identification of donors of $500 or more. S. 22 (Hagel/Landrieu) would increase and expedite current disclosure requirements under FECA. H.R. 380 (Shays/Meehan) would lower the current FECA threshold for contribution reporting from $200 to $50 and impose reporting requirements for soft money disbursements by persons other than political parties. This report will discuss some of the constitutional issues relating to these and other such disclosure requirements. digital.library.unt.edu/ark:/67531/metacrs1640/
Election Projections: First Amendment Issues
Media projections may be based both on exit polls and on information acquired as to actual ballot counts. The First Amendment would generally preclude Congress from prohibiting the media from interviewing voters after they exit the polls. It apparently would also preclude Congress from prohibiting the media from reporting the results of those polls. Congress, could, however, ban voter solicitation within a certain distance from a polling place, and might be able to include exit polling within such a ban. digital.library.unt.edu/ark:/67531/metacrs1637/
Campaign Finance: Constitutional and Legal Issues of Soft Money
Prior to enactment of the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155, the term “soft money” generally referred to unregulated funds, perceived as resulting from loopholes in the Federal Election Campaign Act (FECA), 2 U.S.C. §§ 431 et seq. The general intent of BCRA, (effective November 6, 2002), which amends FECA, is to restrict the raising and spending of soft money. This Issue Brief discusses constitutional and legal issues surrounding two major types of soft money that BCRA regulates: political party soft money and soft money used for issue advocacy communications. Corporate and labor union soft money, which FECA exempts from regulation and is not addressed by BCRA, is also discussed. digital.library.unt.edu/ark:/67531/metacrs6215/
Campaign Finance: Constitutional and Legal Issues of Soft Money
Prior to enactment of the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155, the term “soft money” generally referred to unregulated funds, perceived as resulting from loopholes in the Federal Election Campaign Act (FECA), 2 U.S.C. §§ 431 et seq. Generally, the intent of BCRA, (effective Nov. 6, 2002), which amends FECA, is to restrict the raising and spending of soft money. This Issue Brief discusses constitutional and legal issues surrounding two major types of soft money that BCRA regulates: political party soft money and soft money used for issue advocacy communications. Corporate and labor union soft money, which FECA exempts from regulation and is not addressed by BCRA, is also discussed. digital.library.unt.edu/ark:/67531/metacrs5852/
Campaign Finance: Constitutional and Legal Issues of Soft Money
Prior to enactment of the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155, the term “soft money” generally referred to unregulated funds, perceived as resulting from loopholes in the Federal Election Campaign Act (FECA), 2 U.S.C. §§ 431 et seq. Generally, the intent of BCRA, (effective Nov. 6, 2002), which amends FECA, is to restrict the raising and spending of soft money. This Issue Brief discusses constitutional and legal issues surrounding two major types of soft money that BCRA regulates: political party soft money and soft money used for issue advocacy communications. Corporate and labor union soft money, which FECA exempts from regulation and is not addressed by BCRA, is also discussed. digital.library.unt.edu/ark:/67531/metacrs5851/
Campaign Finance: Constitutional and Legal Issues of Soft Money
Prior to enactment of the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155, the term “soft money” generally referred to unregulated funds, perceived as resulting from loopholes in the Federal Election Campaign Act (FECA), 2 U.S.C. §§ 431 et seq. Generally, the intent of BCRA, (effective Nov. 6, 2002), which amends FECA, is to restrict the raising and spending of soft money. This Issue Brief discusses constitutional and legal issues surrounding two major types of soft money that BCRA regulates: political party soft money and soft money used for issue advocacy communications. Corporate and labor union soft money, which FECA exempts from regulation and is not addressed by BCRA, is also discussed. digital.library.unt.edu/ark:/67531/metacrs5850/