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 Decade: 2000-2009
 Collection: Congressional Research Service Reports
Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements

Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements

Date: March 20, 2001
Creator: Whitaker, L. Paige
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution

Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution

Date: January 12, 2001
Creator: Doyle, Charles
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Victims' Rights Amendment: Proposals to Amend the United States Constitution in the 106th Congress

Victims' Rights Amendment: Proposals to Amend the United States Constitution in the 106th Congress

Date: May 12, 2000
Creator: Doyle, Charles
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Statutory Interpretation: General Principles and Recent Trends

Statutory Interpretation: General Principles and Recent Trends

Date: August 3, 2001
Creator: Costello, George
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Afghanistan: Elections, Constitution, and Government

Afghanistan: Elections, Constitution, and Government

Date: November 2, 2006
Creator: Katzman, Kenneth
Description: This report discusses the political situation in Afghanistan, more specifically it discusses the recent elections, newly formed constitution and the elected government.
Contributing Partner: UNT Libraries Government Documents Department
Afghanistan: Elections, Constitution, and Government

Afghanistan: Elections, Constitution, and Government

Date: May 25, 2006
Creator: Katzman, Kenneth
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Afghanistan: Elections, Constitution, and Government

Afghanistan: Elections, Constitution, and Government

Date: May 1, 2006
Creator: Katzman, Kenneth
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power

Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power

Date: February 1, 2008
Creator: Thomas, Kenneth R.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance: Constitutional and Legal Issues of Soft Money

Campaign Finance: Constitutional and Legal Issues of Soft Money

Date: July 21, 2004
Creator: Whitaker, L. Paige
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance: Constitutional and Legal Issues of Soft Money

Campaign Finance: Constitutional and Legal Issues of Soft Money

Date: January 22, 2004
Creator: Whitaker, L. Paige
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance: Constitutional and Legal Issues of Soft Money

Campaign Finance: Constitutional and Legal Issues of Soft Money

Date: February 4, 2004
Creator: Whitaker, L. Paige
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance: Constitutional and Legal Issues of Soft Money

Campaign Finance: Constitutional and Legal Issues of Soft Money

Date: August 10, 2000
Creator: Whitaker, L. Paige
Description: "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.
Contributing Partner: UNT Libraries Government Documents Department
The Constitutionality of Requiring Photo Identification for Voting: An Analysis of Crawford v. Marion County Election Board

The Constitutionality of Requiring Photo Identification for Voting: An Analysis of Crawford v. Marion County Election Board

Date: May 19, 2008
Creator: Whitaker, L. Paige
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name

Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name

Date: January 3, 2006
Creator: Cohen, Henry
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Constitutionality of a Senate Filibuster of a Judicial Nomination

Constitutionality of a Senate Filibuster of a Judicial Nomination

Date: December 6, 2004
Creator: Shampansky, Jay R
Description: This report provides an overview of the major issues which have been raised recently in the Senate regarding the Judicial Nominations, Filibusters, and the Constitution: When a Majority Is Denied Its Right to Consent and in the press concerning the constitutionality of a Senate filibuster (i.e., extended debate) of a judicial nomination.
Contributing Partner: UNT Libraries Government Documents Department
Constitutionality of a Senate Filibuster of a Judicial Nomination

Constitutionality of a Senate Filibuster of a Judicial Nomination

Date: October 3, 2003
Creator: Shampansky, Jay R
Description: This report provides an overview of the major issues which have been raised recently in the Senate regarding the Judicial Nominations, Filibusters, and the Constitution: When a Majority Is Denied Its Right to Consent and in the press concerning the constitutionality of a Senate filibuster (i.e., extended debate) of a judicial nomination.
Contributing Partner: UNT Libraries Government Documents Department
Excited Utterances, "Testimonial" Statements, and the Confrontation Clause

Excited Utterances, "Testimonial" Statements, and the Confrontation Clause

Date: December 14, 2005
Creator: Yeh, Brian T
Description: 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.”
Contributing Partner: UNT Libraries Government Documents Department
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Date: June 28, 2006
Creator: Luckey, John R.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments

Date: January 7, 2009
Creator: Luckey, John R.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance: Constitutional and Legal Issues of Soft Money

Campaign Finance: Constitutional and Legal Issues of Soft Money

Date: September 28, 2001
Creator: Whitaker, L. Paige
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance: Constitutional and Legal Issues of Soft Money

Campaign Finance: Constitutional and Legal Issues of Soft Money

Date: December 11, 2000
Creator: Whitaker, L. Paige
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance: Constitutional and Legal Issues of Soft Money

Campaign Finance: Constitutional and Legal Issues of Soft Money

Date: February 4, 2000
Creator: Whitaker, L. Paige
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance: Constitutional and Legal Issues of Soft Money

Campaign Finance: Constitutional and Legal Issues of Soft Money

Date: November 3, 2004
Creator: Whitaker, L. Paige
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Campaign Finance: Constitutional and Legal Issues of Soft Money

Campaign Finance: Constitutional and Legal Issues of Soft Money

Date: September 3, 2004
Creator: Whitaker, L. Paige
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department