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 Collection: Congressional Research Service Reports
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
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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
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/
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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Selected Bicentennial Celebrations Commemorating the 200th Anniversaries of the U.S. Constitution and of the U.S. Congress
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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. digital.library.unt.edu/ark:/67531/metadc29614/
National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments
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National Security Letters in Foreign Intelligence Investigations: Legal Background and Recent Amendments
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Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution
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Victims' Rights Amendment: Proposals to Amend the United States Constitution in the 106th Congress
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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. digital.library.unt.edu/ark:/67531/metadc87318/
Presidential Signing Statements: Constitutional and Institutional Implications
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Ratification of Amendments to the U.S. Constitution
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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/
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
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments
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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/
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. digital.library.unt.edu/ark:/67531/metadc83825/
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. digital.library.unt.edu/ark:/67531/metadc103089/
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/
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/
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. digital.library.unt.edu/ark:/67531/metadc96730/
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. digital.library.unt.edu/ark:/67531/metadc284469/
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. digital.library.unt.edu/ark:/67531/metadc332904/
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. digital.library.unt.edu/ark:/67531/metadc96728/
Line Item Veto: A Constitutional Analysis of Recent Proposals
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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. digital.library.unt.edu/ark:/67531/metacrs392/
The Origination Clause of the U.S. Constitution: Interpretation and Enforcement
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