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 Resource Type: Report
 Decade: 2000-2009
 Collection: Congressional Research Service Reports
Legal Standing Under the First Amendment's Establishment Clause

Legal Standing Under the First Amendment's Establishment Clause

Date: September 15, 2009
Creator: Brougher, Cynthia
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
The European Union's Reform Process: The Lisbon Treaty

The European Union's Reform Process: The Lisbon Treaty

Date: November 9, 2009
Creator: Archick, Kristin
Description: This report provides information on the Lisbon Treaty and possible U.S.-EU implications that may be of interest to the 111th Congress.
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.
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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.
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Freedom of Speech and Press: Exceptions to the First Amendment

Freedom of Speech and Press: Exceptions to the First Amendment

Date: October 16, 2009
Creator: Cohen, Henry
Description: 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."
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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.
Contributing Partner: UNT Libraries Government Documents Department
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.
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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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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.
Contributing Partner: UNT Libraries Government Documents Department
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