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 Decade: 2000-2009
 Collection: Congressional Research Service Reports
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/
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 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/
Federal Farm Promotion ("Check-off") Programs
The U.S. Supreme Court in 2005 affirmed the constitutionality of the so-called beef check-off program, one of the 18 generic promotion programs for agricultural products that are now active nationally. Supporters view check-offs as economically beneficial self-help activities that need minimal government involvement or taxpayer funding. Producers, handlers, and/or importers are required to pay an assessment, usually deducted from revenue at time of sale - thus the name check-off. However, some farmers contend they are being "taxed" for advertising and related activities they would not underwrite voluntarily. The Supreme Court's decision to uphold the beef check-off is considered significant for the future of the other programs, although the Court left open the possibility of additional challenges. digital.library.unt.edu/ark:/67531/metadc26082/
Child Pornography: Constitutional Principles and Federal Statutes
This report discusses the constitutional status of child pornography and summarizes federal statutes banning and regulating child pornography as well as selected court cases that have ruled on their constitutionality or interpreted them. digital.library.unt.edu/ark:/67531/metadc26087/
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/
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/
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/
Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
No Description digital.library.unt.edu/ark:/67531/metacrs4050/
Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
No Description digital.library.unt.edu/ark:/67531/metacrs4049/
Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Freedom of Speech and Press: Exceptions to the First Amendment
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. For example, the Court has decided that the First Amendment provides no protection to obscenity, child pornography, or speech that constitutes "advocacy of the use of force or of law violation ... where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." digital.library.unt.edu/ark:/67531/metadc29495/
Freedom of Speech and Press: Exceptions to the First Amendment
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Freedom of Speech and Press: Exceptions to the First Amendment
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Freedom of Speech and Press: Exceptions to the First Amendment
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Freedom of Speech and Press: Exceptions to the First Amendment
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Freedom of Speech and Press: Exceptions to the First Amendment
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Freedom of Speech and Press: Exceptions to the First Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs3916/
Freedom of Speech and Press: Exceptions to the First Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs3915/
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/
Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
This report considers the constitutionality of federal tort reform legislation, such as the products liability and medical malpractice reform proposals that have been introduced for the last several Congresses. Tort law at present is almost exclusively state law rather than federal law, although, as noted in the appendix to this report, Congress has enacted a number of tort reform statutes. digital.library.unt.edu/ark:/67531/metadc26106/
Statutory Interpretation: General Principles and Recent Trends
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Statutory Interpretation: General Principles and Recent Trends
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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/
National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments
No Description digital.library.unt.edu/ark:/67531/metacrs10850/
Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution
No Description digital.library.unt.edu/ark:/67531/metacrs1523/
Victims' Rights Amendment: Proposals to Amend the United States Constitution in the 106th Congress
No Description digital.library.unt.edu/ark:/67531/metacrs1127/
Presidential Signing Statements: Constitutional and Institutional Implications
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The Americans with Disabilities Act: Eleventh Amendment Issues
This report provides a brief overview of the Eleventh Amendment to the Americans with Disabilities Act (ADA). digital.library.unt.edu/ark:/67531/metacrs1147/
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/
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/
Statutory Interpretation: General Principles and Recent Trends
The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts." This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described. digital.library.unt.edu/ark:/67531/metadc26119/
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs1461/
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs1459/
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs5756/
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs3934/
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs3933/
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
No Description digital.library.unt.edu/ark:/67531/metacrs3930/
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/
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments
No Description digital.library.unt.edu/ark:/67531/metacrs9725/
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
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. digital.library.unt.edu/ark:/67531/metadc29493/
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/
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/
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