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The Constitution of the United States: 1st Formation, Development, and Fundamental Principles
This report is an analysis and history of the Constitution of the United States.
Presidential Succession: A Recurrent Problem
This report discusses the frequent problem is that of designating "what officer" shall act as president in the case of President and Vice president Succession and discusses various constitutional acts.
Procedures for Amending the United Sates Constitution
This report provides procedures for Amending the United Sates Constitution
Withdrawal of Jurisdiction of federal courts over questions of state legislative apportionment
This report presents information about the Withdrawal of Jurisdiction of federal courts over questions of state legislative apportionment
The Treaty-Making Power in the Constitution: A Summary of the History Relating to the Non-Inclusion of the House of Representatives
This report contains a summary of U.S. history relating to the non-inclusion of the House of Representatives in treaty-making. Contents span from the Constitutional Convention.
Presidential Inaugurations: The Case of Inaugural Dates Falling on Sunday
This report's purpose is to present the constitutional and historical background of the "interregnum" question and to describe the precedents established on these occasions. It discusses when the date set for the inauguration of the president has fallen on a Sunday.
Fair Trial and Free Press
This report discusses the two constitutional rights, right to a fair trial and right to fair press, which collides with various degree of intensity and urgency primarily in the area of publicity before and during a criminal trial, and discusses some recent major cases, regulations and some proposed solutions.
A Constitutional Newsman's Privilege
This report outlines the constitutional privilege of journalists to refuse questioning by a grand jury in a court of law.
The Power of Congress to Enact Amnesty Legislation
This report discusses Congress' power to use amnesty, and provides Court cases where the guidelines for amnesty are defined.
The Equal Rights Amendment: Its Implications and Intent; Selected Material Pro and Con
This report discusses the amendments to the Equal Rights Amendment, and its implication and intent. It also includes the summary debate of Pro and Con on the Equal rights Amendment.
Abortion: Judicial and Legislative Control
This report is about Abortions and Constitution Amendments.
Presidential Tenure: A History and Examination of the President's Term of Office
This report summarizes the ongoing debate on presidential tenure, mainly concerning proposed amendments for a six-year presidential term. In addition, the author presents arguments both for and against a six-year presidential term.
The congressional record including A list of proposed format changes
This report presents the system of recording the proceedings of the house of representatives and the Senate of the slow evolution.
House Consideration of Non-Germane Senate Amendments
This report addresses House Consideration of Non-Germane Senate Amendments.
Gun control: The constitutionality of federal prohibitions on the mere possession of firearms as an exercise of the commerce power
This report proposes federal gun control legislation that has taken a variety of forms and each alternative has posed its own constitutional questions.
Buckley v. Valeo: The Option of The United States Supreme Court in the Campaign Case: Summary and Commentary
This report contains a summary and commentary in according to the United States Supreme Court case, Buckley v. Valeo.
Constitutional Standards and Procedures for the Involuntary Civil Commitment of the Mentally Ill
A report on psychiatric hospitals and patients that focuses on civil commitment, specifically a state's basis for commitment, the standards of civil commitment, and constitutional procedures.
Discussion Of Constitutional Issues Which May Be Raised By Proposed Lobbying Reform Legislation
This report consists of discussion of constitutional issues.
The Bricker Amendment : Limiting The Treaty Power By Constitutional Amendment
This report consists of The Bricker Amendment : Limiting The Treaty Power By Constitutional Amendment
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.
Legal Analysis of President Reagan's Proposed Constitutional Amendment on School Prayer
Congressional Research Service (CRS) report for Congress entailing a legal analysis of President Reagan's proposed constitutional amendment on school prayers. Topics include, interpretation of the first amendment, prayer activities in schools, supreme court decisions etc..
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.
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.
Selected Bicentennial Celebrations Commemorating the 200th Anniversaries of the U.S. Constitution and of the U.S. Congress
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Legislative Prayer and School Prayer: The Constitutional Difference
Congressional Research Service (CRS) report entailing the Constitutional difference between legislative prayer and school prayer. Topics include, descriptions of both types of prayer, their distinctions, and a conclusion on the matter.
Legislative Prayer and School Prayer: The Constitutional Difference
The Supreme Court's decisions holding government-sponsored prayer in the public schools to violate the First Amendment's establishment clause but prayer in legislative assemblies to be constitutional are sometimes lifted up as contradictory. This report summarizes the relevant decisions and identifies the distinctions the Court has drawn between the two situations.
Federal Gun Control Laws: The Second Amendment and Other Constitutional Issues
This report examines the historical, legal, and constitutional arguments for and against an individual right to bear firearms under the Second Amendment of the Constitution. Those who favor federal gun control laws tend to assert that the Second Amendment has been correctly interpreted by the courts to confer only a collective right, which may be exercised through state militias. Those who oppose gun control laws tend to assert that the Second Amendment should be interpreted to grant an individual right to bear arms for lawful purposes, subject to appropriately minimal restrictions.
The Brady Handgun Control Act: Constitutional Issues
The Brady Handgun Control Act established a five-day waiting period for handgun purchases, during which local law enforcement can make reasonable efforts to conduct background checks in available records and block and sales to convicted felons and other disqualified persons. This report reviews the background of federal gun control legislation, analyzes the conflict in the courts over the constitutionality under the Tenth Amendment of the duties placed on local law enforcement, and considers the implications of the decisions for Brady Act enforcement.
The Assault Weapons Ban: Review of Federal Laws Controlling Possessions of Certain Firearms
This report reviews the 1994 assault weapons ban, which is effective for ten years on 19 types of semiautomatic assault weapons. The Act builds upon a 60-year history of federal regulation of firearms. The report also summarizes the pre-1994 federal gun control laws, analyzes the major cases relating to constitutional and statutory challenges to these laws, and reviews judicial and legislative developments since enactment of the ban.
A Balanced Budget Constitutional Amendment: Background and Congressional Options
One of the most persistent political issues facing Congress in recent years 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. The debate over a balanced budget measure actually consists of several interrelated debates, which this report addresses.
Ratification of Amendments to the U.S. Constitution
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Education Vouchers: The Constitutional Standards
This report sketches the constitutional standards that apply to public aid to sectarian schools and especially to programs of indirect assistance such as education vouchers.
Fifth Amendment Privilege Against SelfIncrimination May Not Be Extended in Cases Where Only a Foreign Prosecution Is Possible
Several courts in the various circuits have considered whether the Fifth Amendment privilege against self-incrimination applies to fear of incrimination in foreign countries, and they have come to divergent conclusions. The United States Supreme Court granted certiorari in United States v. Balsys, and on June 25, 1998, decided that a witness may not invoke the Fifth Amendment privilege against self-incrimination in which only a foreign prosecution is possible. This report provides background on United States v. Balsys and examines the court's opinion.
Constitution of the United States; Recent Writings: Bibliography-in-Brief
This bibliography contains recent publications discussing the history, development, and application of the U.S. Constitution and the Bill of Rights.
Campaign Finance: Constitutional and Legal Issues of Soft Money
Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but 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.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
The first part of the report gives a brief history of the flag protection issue, from the enactment of the flag protection act in 1968 through consideration of a constitutional amendment. The second part briefly summarizes the two decisions of the United States Supreme court.
Victims' Rights Amendment: Proposals to Amend the United States Constitution in the 106th Congress
No Description Available.
The Bradley Amendment: Prohibition Against Retroactive Modification of Child Support Arrearages
This report provides an overview of the Bradley Amendment on prohibition against retroactive modification of child support.
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.
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.
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).
Campaign Finance: Constitutional and Legal Issues of Soft Money
As in the 105th Congress, many of the 106th Congress bills focus on political party soft money--subjecting contributions, expenditures, or transfers of national political parties to the limitations, prohibitions and reporting requirements of the FECA. Other bills would restrict corporate and labor union soft money. Another major reform proposal would subject certain types of advocacy communications to FECA regulation, either fully or just insofar as disclosure requirements.
Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution
No Description Available.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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.
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.
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.
Federalism and the Constitution: Limits on Congressional Power
This report will discuss state and federal legislative power generally and will focus on a number of these "fedralism" cases
Super-Majority Voting Requirement for Tax Increases: An Overview of Proposals for a Constitutional Amendment
No Description Available.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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.
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. Because the Court has recently placed renewed emphasis on statutory text and somewhat reduced emphasis on legislative history and other interpretive sources "extrinsic" to the text, this report focuses primarily on the Court's methodology in construing statutory text. The Court's recent approaches to reliance on legislative history are also briefly described.
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