Congressional Research Service Reports - 178 Matching Results

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Presidential Disability Under the Twenty-fifth Amendment: Constitutional Provisions and Perspectives for Congress: This report provides a description and analysis of Sections 3 and 4 of the Twenty-Fifth Amendment, which deal with presidential disability or inability. It also reviews the history of presidential disability and earlier proposals to provide for such contingencies, provides a legislative history of the Twenty-Fifth Amendment and examines relevant legislative proposals pending in the 115th Congress.
Modes of Constitutional Interpretation: This report provides a brief overview of the major theories of constitutional interpretation.
Understanding the Speech or Debate Clause: This report discusses the Speech or Debate Clause of the U.S. Constitution. Various views have been expressed by different court rulings and the disagreement between courts is also discussed.
Constitutional Authority Statements and the Powers of Congress: An Overview: This report provides an overview of Congress's powers under the Constitution and their role in interpreting the nation's founding document. It examines House Rule XII, clause 7(c), discussing the results of a recent study conducted by CRS of Constitutional Authority Statement (CAS) that were submitted during the last six months of the 114th Congress, and concludes by discussing trends with regard to the House's recent CAS practices and by providing considerations for congressional personnel drafting CASs.
Constitutional Limits to Agency Independence: This legal sidebar examines issues regarding the "separation of powers" among the three branches of U.S. government, specifically in regards to federal agencies.
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress: 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.
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.
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress: 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.
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress: 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.
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power: 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.
Administrative Appeals in the Bureau of Land Management and the Forest Service: This report describes Congressional interest in the Bureau of Land Management's (BLM) appeal process due to rumors that it affects the BLM's capacity to handle various resources. Moreover, the report defines what an administrative appeal is, and describes the process required to undertake one. The report also lists the various types of administrative appeals.
The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress: 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.
The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress: 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.
The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress: 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.
ACA: A Brief Overview of the Law, Implementation, and Legal Challenges: This report summarizes the Affordable Care Act (ACA) and the legal challenges it has faced. The report contains information on various lawsuits due to the ACA and provides the reasoning behind them as Congress violating its enumerated powers in the constitution. Moreover, the report covers the challenges of implementing the law.
Administrative Appeals in the Bureau of Land Management and the Forest Service: This report describes Congressional interest in the Bureau of Land Management's (BLM) appeal process due to rumors that it affects the BLM's capacity to handle various resources. Moreover, the report defines what an administrative appeal is, and describes the process required to undertake one. The report also lists the various types of administrative appeals.
ACA: A Brief Overview of the Law, Implementation, and Legal Challenges: This report summarizes the Affordable Care Act (ACA) and the legal challenges it has faced. The report contains information on various lawsuits due to the ACA and provides the reasoning behind them as Congress violating its enumerated powers in the constitution. Moreover, the report covers the challenges of implementing the law.
Federalism Challenge to Medicaid Expansion Under the Affordable Care Act: Florida v. Department of Health and Human Services: No Description Available.
Flag Protection: A Brief History and Summary of Supreme Court Decisions and Proposed Constitutional Amendments: 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.
Presidential Signing Statements: Constitutional and Institutional Implications: Presidential signing statements are official pronouncements issued by the President contemporaneously to the signing of a bill into law that, in addition to commenting on the law generally, have been used to forward the President's interpretation of the statutory language; to assert constitutional objections to the provisions contained therein; and, concordantly, to announce that the provisions of the law will be administered in a manner that comports with the administration's conception of the President's constitutional prerogatives. This report focuses on the use of signing statements by recent administrations, with particular emphasis on the Administrations of George W. Bush and Barack Obama.
A Balanced Budget Constitutional Amendment: Background and Congressional Options: 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.
A Balanced Budget Constitutional Amendment: Background and Congressional Options: 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.
Legal Standing Under the First Amendment's Establishment Clause: This report analyzes the constitutional issues associated with standing (a restraint on the power of federal courts to render decisions), specifically related to cases arising under the Establishment Clause of the First Amendment regarding religion. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing: standing to sue as a citizen, as a taxpayer, and on behalf of another party. It also examines the current standing rules related to the Establishment Clause.
The Origination Clause of the U.S. Constitution: Interpretation and Enforcement: 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.
Selected Theories of Constitutional Interpretation: This report examines theories of constitutional interpretation, the role of the judiciary in this interpretation, and constitutional protections for fundamental rights.
The European Union's Reform Process: The Lisbon Treaty: This report provides information on the Lisbon Treaty and possible U.S.-EU implications that may be of interest to the 112th Congress.
Military Personnel and Freedom of Religion: Selected Legal Issues: 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.
Flag Protection: A Brief History and Summary of 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.
Banning Crush Videos: Legislative Response to the Supreme Court’s Ruling in U.S. v. Stevens and Lingering First Amendment Questions: No Description Available.
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview: 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.
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power: 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.
The European Union's Reform Process: The Lisbon Treaty: This report provides information on the Lisbon Treaty and possible U.S.-EU implications that may be of interest to the 111th Congress.
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."
Legal Standing Under the First Amendment's Establishment Clause: This report analyzes the constitutional issues associated with standing, specifically related to cases arising under the Establishment Clause. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing, including standing to sue as a citizen, as a taxpayer, and on behalf of another party.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments: 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.
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.
Iraq: Politics, Elections, and Benchmarks: This Congressional Research Report for Congress details elections and constitutional referendum pertaining to Iraq.
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.
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.
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.
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.
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.
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.
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.
Amendments in the House: Types and Forms: This report describes the types and forms of amendments in the House, including distinctions, degrees, forms, and scopes of amendments.
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power: 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.
Ecuador: Political and Economic Situation and U.S. Relations: This report provides information about the Political and Economic Situation and U.S. Relations on Ecuador. Ecuador is an oil-producing country that has experienced ten years of political and economic stability.
The Amending Process in the Senate: This report describes the amending process in the Senate, including debating amendments, classification, precedence, amendment trees, restrictions, and voting.
China-U.S. Trade Issues: This report mainly focuses on China-U.S. Trade Issues. China-U.S. ties have expanded substantially over the past several years. China overtook Japan to become the third-largest U.S.Export market and overtook Canada to become the Largest source of U.S imports.
Amendments on the House Floor: Summary of Major Restrictions: This report is a summary of Major Restrictions regarding Amendments on the House Floor.

Congressional Research Service Reports - 178 Matching Results

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