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Immigration-Related Provisions of Selected Bills on Religious Persecution
This report analyzes immigration-related provisions of H.R. 2431, the “Freedom from Religious Persecution Act,” as passed by the House on May 14, 1998, and S. 1868, the “International Religious Freedom Act,” as introduced in the Senate.
The Law of Church and State: The Proposed Religious Freedom Amendment, H.J. Res. 78
This report summarizes legislative developments on the proposal and briefly analyzes its likely legal effect if added to the Constitution.
House and Senate Chaplains
This report discusses the two chaplains, one in the House, the other in the Senate, who are the official clergy of Congress. At the beginning of each Congress, the House chaplain is elected for a 2-year term. The Senate chaplain does not have to be reelected at the beginning of a new Congress. There have been 61 Senate chaplains and 59 House chaplains.
The Law of Church and State: Opinions of Judge Samuel Alito
This report provides an overview of opinions addressing issues related to the law of church and state written by Judge Alito while serving on the Third Circuit and Supreme Court precedent relevant to those cases.
Prayer and Religion in the Public Schools: What Is, and Is Not, Permitted
Few areas of constitutional law have proven to be as controversial and as subject to misinterpretation as that concerning the constitutionality of government-sponsored religious activities in public schools. In the last three decades the Supreme Court in five decisions and the State arid lower Federal courts in dozens of related decisions have attempted to articulate the 1 / meaning of the religion clauses of the First ~mendment- for a variety of such activities, including State-sponsored prayer, Bible reading, and religious teaching. Notwithstanding continuing political controversy over many of these decisions, they provide a fairly consistent interpretation and application of the First Amendment.
Islamic Religious Schools, Madrasas: Background
This report provides an overview of madrasas, their role in the Muslim world, and issues related to their alleged links to terrorism. The report also addresses the findings of the National Commission on Terrorist Attacks Upon the United States (the “9/11 Commission”) and issues relevant to the second session of the 109th Congress.
American Jihadist Terrorism: Combating a Complex Threat
Between May 2009 and August 2010, arrests were made for 19 "homegrown," jihadist-inspired terrorist plots by American citizens or legal permanent residents of the United States. The apparent spike in such activity after May 2009 suggests that at least some Americans - even if a tiny minority - continue to be susceptible to ideologies supporting a violent form of jihad. This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. This report also provides official definitions for terms such as "homegrown," "jihadist," and "violent jihadist." The report also discusses the radicalization process and the forces driving violent extremist activity. It analyzes post-9/11 domestic jihadist terrorism, describes law enforcement and intelligence efforts to combat terrorism and the challenges associated with those efforts. It also outlines actions underway to build trust and partnership between community groups and government agencies and the tensions that may occur between law enforcement and engagement activities.
American Jihadist Terrorism: Combating a Complex Threat
This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. For this report, "homegrown" and "domestic" are terms that describe terrorist activity or plots perpetrated within the United States or abroad by American citizens, legal permanent residents, or visitors radicalized largely within the United States. The report also discusses the radicalization process and the forces driving violent extremist activity. It analyzes post-9/11 domestic jihadist terrorism and describes law enforcement and intelligence efforts to combat terrorism and the challenges associated with those efforts. It also outlines actions underway to build trust and partnership between community groups and government agencies and the tensions that may occur between law enforcement and engagement activities.
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.
Religion and the Workplace: Legal Analysis of Title VII of the Civil Rights Act of 1964 as It Applies to Religion and Religious Organizations
This report reviews the scope of Title VII as it applies to religion and religious organizations and the requirements of the anti-discrimination protections and the accommodations provision. It also analyzes the exemptions available to religious organizations for the non-discrimination rules.
Legal Analysis of Religious Exemptions for Photo Identification Requirements
Report that analyzes the legal issues associated with religious exemptions to photo identification laws, lawsuits that have challenged state photo requirements, and factors that may be relevant in future decisions that may arise related to federal photo identification requirements and state voter identification requirements.
American Jihadist Terrorism: Combating a Complex Threat
This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. For this report, "homegrown" and "domestic" are terms that describe terrorist activity or plots perpetrated within the United States or abroad by American citizens, legal permanent residents, or visitors radicalized largely within the United States. The report also discusses the radicalization process and the forces driving violent extremist activity. It analyzes post-9/11 domestic jihadist terrorism and describes law enforcement and intelligence efforts to combat terrorism and the challenges associated with those efforts. It also outlines actions underway to build trust and partnership between community groups and government agencies and the tensions that may occur between law enforcement and engagement activities.
American Jihadist Terrorism: Combating a Complex Threat
This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. It also outlines actions underway to build trust and partnership between community groups and government agencies and the tensions that may occur between law enforcement and engagement activities.
Prayer and Religious Expression in Public Institutions: A Constitutional Analysis
This report provides background information regarding sponsored prayer, which is prohibited under the First Amendment with few exceptions. The report discusses school prayer, legislative prayer, military chaplaincy, and legislative issues.
American Jihadist Terrorism: Combating a Complex Threat
This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. For this report, "homegrown" describes terrorist activity or plots perpetrated within the United States or abroad by American citizens, legal permanent residents, or visitors radicalized largely within the United States. The term "jihadist" describes radicalized individuals using Islam as an ideological and/or religious justification for their belief in the establishment of a global caliphate, or jurisdiction governed by a Muslim civil and religious leader known as a caliph. The term "violent jihadist" characterizes jihadists who have made the jump to illegally supporting, plotting, or directly engaging in violent terrorist activity.
The Law of Church and State: Public Aid to Sectarian Schools
This report gives a brief overview of the evolution of the Court's interpretation of the Establishment Clause in this area and analyzes the categories of aid that have been addressed by the Court. The report explains which categories have been held to be constitutionally permissible or impermissible, both at the elementary and secondary school level and at the postsecondary level. The report also briefly addresses a set of cases (Arizona Christian School Tuition Organization v. Winn; Garriott v. Winn) currently before the Court regarding the constitutionality of an Arizona statute that permits individuals to claim a tax credit for certain donations to school tuition organizations that use the funds for scholarships to private and, in some instances, religious schools.
American Jihadist Terrorism: Combating a Complex Threat
This report describes homegrown violent jihadists and the plots and attacks that have occurred since 9/11. "Homegrown" and "domestic" are terms that describe terrorist activity or plots perpetrated within the United States or abroad by American citizens, legal permanent residents, or visitors radicalized largely within the United States. The report also discusses the radicalization process and the forces driving violent extremist activity. It analyzes post-9/11 domestic jihadist terrorism and describes law enforcement and intelligence efforts to combat terrorism and the challenges associated with those efforts.
Islamic Finance: Overview and Policy Concerns
This report discusses Islamic finance, which is based on principles of shariah, or "Islamic law." Major financial principles of shariah are a ban on interest, a ban on contractual uncertainty, adherence to risk-sharing and profit-sharing, promotion of ethical investments that enhance society, and asset-backing. While the Islamic finance industry represents a fraction of the global finance market, it has grown at double-digit rates in recent years.
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.
Legal Analysis of Religious Exemptions for Photo Identification Requirements
This report analyzes the legal issues associated with religious exemptions to photo identification laws. Although no lawsuits appear to have challenged federal laws with photo requirements, state photo identification laws have been challenged for several decades.
Legal Issues Related to Funding for Religious Schools in P.L. 111-5, the American Recovery and Reinvestment Act of 2009
This report will provide a brief overview of the prohibition on the use of funds by institutions of higher education, including proposals considered by the House and Senate before the American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5) was enacted. It will also analyze the constitutionality of the distribution of federal money to religious schools in the context of common questions raised by these provisions.
The Law of Church and State: Public Aid to Sectarian Schools
This report gives a brief overview of the evolution of the U.S. Supreme Court's interpretation of the Establishment Clause of the First Amendment in regards to sectarian schools at all levels. It analyzes the categories of aid that have been addressed by the Court and also explains which categories have been held to be constitutionally permissible or impermissible, both at the elementary and secondary school level and at the college level. The report also briefly discusses H.R. 1 of the 111th Congress, economic stimulus legislation that includes provisions that would provide assistance to institutions of higher education for modernization, renovation, and repair of facilities.
Islamic Finance: Overview and Policy Concerns
This report discusses Islamic finance, which is based on principles of shariah, or "Islamic law." Major financial principles of shariah are a ban on interest, a ban on contractual uncertainty, adherence to risk-sharing and profit-sharing, promotion of ethical investments that enhance society, and asset-backing. While the Islamic finance industry represents a fraction of the global finance market, it has grown at double-digit rates in recent years.
Pope Francis and Selected Global Issues: Background for Papal Address to Congress
This report provides Members of Congress with background information on Pope Francis and a summary of a few selected global issues of congressional interest that have figured prominently on his agenda. The background section on Pope Francis includes a biographical sketch of his life as Jorge Mario Bergoglio, followed by a brief overview of his papacy thus far. The report then identifies some--but not all--of the global issues of concern to Pope Francis. Those include environmental stewardship, poverty and inequality, peace and diplomacy, and human trafficking.
The Islamic Traditions of Wahhabism and Salafiyya
The terrorist attacks of September 11, 2001, and subsequent discussions of religious extremism have called attention to Islamic puritanical movements known as Wahhabism and Salafiyya. Al Qaeda leaders and their ideological supporters have advocated a violent message that some suggest is an extremist interpretation of this line of puritanical Islam. Other observers have accused Saudi Arabia, the center of Wahhabism, of having disseminated a religion that promotes hatred and violence, targeting the United States and its allies. Saudi officials strenuously deny these allegations. This report provides a background on Wahhabism and its relationship to active terrorist groups; it also summarizes recent charges against Wahhabism and responses, including the findings of the final report of the 9/11 Commission and relevant legislation in the 110th Congress.
Application of Religious Law in U.S. Courts: Selected Legal Issues
The report is categorized into three categories: (I) Religious Law and Its Application in U.S. Courts, (II) First Amendments Issues Related to Prohibition on Religious Laws in Courts and (III) Selected Proposed Prohibitions on Application of Religious Law.
Special Provisions for Religion in the Tax Code
This report lists a number of tax provisions which accommodate religious groups in a special way. There is no attempt to analyze these provisions, other than to briefly note the special treatment.
Faith-Based Organizations and Their Relationship with State and Local Governments: Analysis of Recent Initiatives
This report discusses federal, state, and local government funding for faith-based organizations (FBOs) to provide services to needy citizens. It provides an overview of several selected issues including the effectiveness of FBOs, their accountability for results, and the working relationship that FBOs have at various levels of government.
Charitable Choice Rules and Faith-Based Organizations
This report discusses the Bush administration's "Charitable Choice" agenda aimed at expanding the ability of faith-based organizations to provide federally funded social services.
Recent Developments in the Area of Religious Activities in Public Schools and Other Public Places
This report discusses legislation and court rulings governing religious activity in public schools and other public property and discusses recent changes to policy in a variety of court cases.
Recent Developments in the Area of Religious Activities in Public Schools and Other Public Places
This report discusses Supreme Court decisions related to religious activities in public schools and on public land and provides analysis of each cases main arguments and effects.
Conscientious Objection and the Constitution: "Welsh v. United States" and Beyond
This report discusses the Supreme Court case "Welsh v. United States" which considered the question of what constituted a religious belief that merited recognition as a conscientious objector. A judicial history of cases related to conscientious objection, analysis of the "Welsh" case, and Congressional options for dealing with the question of conscientious objection requirements are included.
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