Congressional Research Service Reports - 178 Matching Results

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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.
Super-Majority Voting Requirement for Tax Increases: An Overview of Proposals for a Constitutional Amendment: No Description Available.
Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution: No Description Available.
Victims' Rights Amendment: Proposals to Amend the United States Constitution in the 106th Congress: No Description Available.
Super-Majority Voting Requirement for Tax Increases: An Overview of Proposals for a Constitutional Amendment: No Description Available.
A Tax Limitation Constitutional Amendment: Issues and Options Concerning a Super-Majority Requirement: Proposals to limit the federal government’s authority to raise taxes have been made several times in recent years. Most frequently, these proposals call for limits on Congress’s ability to pass revenue measures. Typically, limitation proposals would allow increases in tax revenues only under one of two circumstances. First, tax revenues could increase under existing tax laws as a result of economic upturns. Alternatively, they could increase because of a new law, but only if it were passed by a super-majority (typically two-thirds or three-fifths). Questions about how such proposals might be applied in practice have not been clearly answered. Congress has previously considered such proposals in 1996, 1997, 1998, 1999, 2000, and 2001. In each case the proposal has failed to achieve the two-thirds majority necessary for passage. Most recently, the House considered H.J.Res. 96 on June 12, 2002. The measure failed to achieve the necessary two-thirds, 227-178. This report will be updated to reflect any further legislative actions on such proposals.
Super-Majority Voting Requirement for Tax Increases: An Overview of Proposals for a Constitutional Amendment: No Description Available.
A Tax Limitation Constitutional Amendment: Issues and Options Concerning a Super-Majority Requirement: Proposals to limit the federal government’s authority to raise taxes have been made several times in recent years. Most frequently, these proposals call for limits on Congress’s ability to pass revenue measures. Typically, limitation proposals would allow increases in tax revenues only under one of two circumstances. First, tax revenues could increase under existing tax laws as a result of economic upturns. Alternatively, they could increase because of a new law, but only if it were passed by a super-majority (typically two-thirds or three-fifths). Questions about how such proposals might be applied in practice have not been clearly answered. Congress has previously considered such proposals in 1996, 1997, 1998, 1999, 2000, and 2001. In each case the proposal has failed to achieve the two-thirds majority necessary for passage. Most recently, the House considered H.J.Res. 96 on June 12, 2002. The measure failed to achieve the necessary two-thirds, 227-178. This report will be updated to reflect any further legislative actions on such proposals.
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.
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.
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.
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.
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power: This report discusses state and federal legislative power generally and focus on a number of these "federalism" cases.
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.
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.
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.
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.
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.
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.
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.
Federalism Challenge to Medicaid Expansion Under the Affordable Care Act: Florida v. Department of Health and Human Services: No Description Available.
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.
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.
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.
Amendment Process in the Committee of the Whole: This report describes the amendment process in the Committee of the Whole, including reading, debating, amendment trees, and voting.
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.
Amendments on the House Floor: Summary of Major Restrictions: This report is a summary of Major Restrictions regarding Amendments on the House Floor.
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.
Constitutionality of a Senate Filibuster of a Judicial Nomination: 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.
Constitutionality of a Senate Filibuster of a Judicial Nomination: 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.
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.
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.
Iraq: Politics, Elections, and Benchmarks: This Congressional Research Report for Congress details elections and constitutional referendum pertaining to Iraq.
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.
Amendment Process in the Committee of the Whole: This report describes the amendment process in the Committee of the Whole, including reading for an amendment, debating, amendment trees, and voting.
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.
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.
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.
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.
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
House Consideration of Non-Germane Senate Amendments: This report addresses House Consideration of Non-Germane Senate Amendments.
Freedom of Speech and Press: Exceptions to the First Amendment: This report provides an overview of the major exceptions to the First Amendment, i.e., 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.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment: This report 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. A 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.
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.
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.
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.
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.
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.
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.

Congressional Research Service Reports - 178 Matching Results

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