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 Collection: Congressional Research Service Reports
Federal Farm Promotion ("Check-off") Programs

Federal Farm Promotion ("Check-off") Programs

Date: October 20, 2008
Creator: Becker, Geoffrey S.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Child Pornography: Constitutional Principles and Federal Statutes

Child Pornography: Constitutional Principles and Federal Statutes

Date: October 10, 2008
Creator: Cohen, Henry
Description: 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.
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Legislative Prayer and School Prayer: The Constitutional Difference

Legislative Prayer and School Prayer: The Constitutional Difference

Date: October 26, 1994
Creator: Ackerman, David A.
Description: 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.
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes

Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes

Date: July 7, 2008
Creator: Cohen, Henry & Burrows, Vanessa K.
Description: 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.
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The Assault Weapons Ban: Review of Federal Laws Controlling Possessions of Certain Firearms

The Assault Weapons Ban: Review of Federal Laws Controlling Possessions of Certain Firearms

Date: December 1, 1995
Creator: Schrader, Dorothy
Description: 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.
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The Brady Handgun Control Act: Constitutional Issues

The Brady Handgun Control Act: Constitutional Issues

Date: October 25, 1995
Creator: Schrader, Dorothy
Description: 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.
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Federal Gun Control Laws: The Second Amendment and Other Constitutional Issues

Federal Gun Control Laws: The Second Amendment and Other Constitutional Issues

Date: February 1, 1995
Creator: Schrader, Dorothy
Description: 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.
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Statutory Interpretation: General Principles and Recent Trends

Statutory Interpretation: General Principles and Recent Trends

Date: August 31, 2008
Creator: Kim, Yule
Description: 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.
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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.
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Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

Date: May 20, 2008
Creator: Meltz, Robert
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department