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 Collection: Congressional Research Service Reports
Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications
This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution. digital.library.unt.edu/ark:/67531/metacrs10479/
Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications
This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the Congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution. digital.library.unt.edu/ark:/67531/metacrs9389/
Declarations of War and Authorizations for the Use of Military Force: Historical Background and Legal Implications
This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the Congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution. digital.library.unt.edu/ark:/67531/metacrs9813/
S. 3521, the Stop Over Spending Act of 2006: A Brief Summary
S. 3521, the Stop Over Spending Act of 2006, proposes several changes to the congressional budget process. This report provides a brief summary of the major provisions of S. 3521. digital.library.unt.edu/ark:/67531/metacrs9483/
The Advisory Panel's Tax Reform Proposals
In early 2005, the President appointed a tax reform advisory panel to formulate tax reform proposals. The report of the President’s Advisory Panel on Tax Reform, issued in November 2005, recommended two reform plans to consider: 1) a revised income tax, referred to as the simplified income tax (SIT); and 2) a consumption tax coupled with a tax on financial income, referred to as the growth and investment tax (GIT). This report discusses the provisions and implications of these two taxes in detail. digital.library.unt.edu/ark:/67531/metacrs9482/
War Powers Resolution: Presidential Compliance
Two separate but closely related issues confront Congress each time the President introduces armed forces into a situation abroad that conceivably could lead to their involvement in hostilities. One issue concerns the division of war powers between the President and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution. The other issue is whether or not Congress concurs in the wisdom of the action. A longer-term issue is whether the War Powers Resolution is an appropriate and effective means of assuring congressional participation in actions that might get the United States involved in war. digital.library.unt.edu/ark:/67531/metacrs10312/
War Powers Resolution: Presidential Compliance
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War Powers Resolution: Presidential Compliance
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National Emergency Powers
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Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding
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Line Item Veto: A Constitutional Analysis of Recent Proposals
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Direct Assaults Against Presidents, Presidents-Elect, and Candidates
Direct assaults against Presidents, Presidents-elect, and candidates have occurred on 15 separate occasions, with five resulting in death. Ten incumbents (about 24% of the 42 individuals to serve in the office), including four of the past six Presidents, have been victims or targets. Four of the ten (and one candidate) died as a result of the attacks. This report identifies these incidents and provides information about what happened, when, where, and, if known, why. digital.library.unt.edu/ark:/67531/metacrs9150/
War Powers Resolution: Presidential Compliance
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The Group of Eight Summits: Evolution and Possible Reform
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The Group of Eight Summits: Evolution and Possible Reform
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War Powers Resolution: Presidential Compliance
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National Emergency Powers
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The World Trade Organization: The Hong Kong Ministerial
The World Trade Organization (WTO) held its 6th Ministerial summit in Hong Kong from December 13-18, 2005. WTO Ministerials are held every two years to bring together trade ministers from member states, often to make political decisions for the body. Although an original goal of the Ministerial was to agree on a package of modalities (methods by which the round is negotiated) for the ongoing Doha Development Agenda (DDA) round of trade negotiations, this aim was dropped in order to avoid a high-profile failure similar to previous Ministerials at Cancun and Seattle. Rather, members agreed to some modest advancements in agriculture, industrial tariffs, and duty and quota-free access for least developed countries. The final outcome of these negotiations could provide a substantial boost to the world economy, but if the round itself is not completed, there may be repercussions for the WTO as an institution and for the architecture of the world trading system. digital.library.unt.edu/ark:/67531/metacrs9994/
The World Trade Organization: The Hong Kong Ministerial
The World Trade Organization (WTO) held its 6th Ministerial summit in Hong Kong from December 13-18, 2005. WTO Ministerials are held every two years to bring together trade ministers from member states, often to make political decisions for the body. Although an original goal of the Ministerial was to agree on a package of modalities (methods by which the round is negotiated) for the ongoing Doha Development Agenda (DDA) round of trade negotiations, this aim was dropped in order to avoid a high-profile failure similar to previous Ministerials at Cancun and Seattle. Rather, members agreed to some modest advancements in agriculture, industrial tariffs, and duty and quota-free access for least developed countries. The final outcome of these negotiations could provide a substantial boost to the world economy, but if the round itself is not completed, there may be repercussions for the WTO as an institution and for the architecture of the world trading system. digital.library.unt.edu/ark:/67531/metacrs9970/
Supreme Court Nominations, 1789-2005: Actions by the Senate, Judiciary Committee, and the President
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Supreme Court Nominations, 1789 - 2005: Actions by the Senate, the Judiciary Committee, and the President
The process of appointing Supreme Court Justices has undergone changes over two centuries, but its most basic feature -- the sharing of power between the President and Senate -- has remained unchanged. To receive a lifetime appointment to the Court, a candidate must first be nominated by the President and then confirmed by the Senate. Table 1 of this report lists and describes actions taken by the Senate, the Senate Judiciary Committee, and the President on all Supreme Court nominations, from 1789 to the present. The table provides the name of each person nominated to the Court and the name of the President making the nomination. It also tracks the dates of formal actions taken, and time elapsing between these actions, by the Senate or Senate Judiciary Committee on each nomination, starting with the date that the Senate received the nomination from the President. digital.library.unt.edu/ark:/67531/metacrs10346/
Supreme Court Nominations, 1789-2005: Actions by the Senate, the Judiciary Committee, and the President
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Authorization for Use of Military Force in Response to the 9/11 Attacks (P.L. 107-40): Legislative History
This report provides a legislative history of the legislation, S.J.Res. 23 , the “Authorization for Use of Military Force” (AUMF), which, as Congress stated in its text, constitutes the legislative authorization for the use of U.S. military force contemplated by the War Powers Resolution. It also is the statute which the President and his attorneys have subsequently cited as an authority for him to engage in electronic surveillance against possible terrorists without obtaining authorization of the special Court created by the Foreign Intelligence Surveillance Act (FISA) of 1978, as amended. digital.library.unt.edu/ark:/67531/metacrs8970/
Speed of Presidential and Senate Actions on Supreme Court Nominations, 1900-2005
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War Powers Resolution: Presidential Compliance
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Davis-Bacon Suspension and Its Legislative Aftermath
During the last week of August 2005, Hurricane Katrina gathered strength in the Atlantic and moved against the gulf states. On September 8, 2005, amid the devastation left in Katrina’s wake, President George W. Bush suspended the Davis-Bacon Act as it applies to certain jurisdictions in Florida, Alabama, Mississippi, and Louisiana. Although the President has the authority, under Section 6 of the Act, to render such suspensions during a national emergency, that authority has rarely been utilized.1 This report analyzes the legislative aftermath of the suspension. digital.library.unt.edu/ark:/67531/metacrs7543/
Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding
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The Davis-Bacon Act: Suspension
The Davis-Bacon Act is one of several statutes that deals with federal government procurement. Enacted in 1931, Davis-Bacon requires, inter alia, that not less than the locally prevailing wage be paid to workers engaged in federal contract construction. This report reviews the several cases during which the Davis-Bacon Act was suspended and will likely be updated as developments make necessary. digital.library.unt.edu/ark:/67531/metacrs7665/
Item Veto and Expanded Impoundment Proposals
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Prevailing Wage Requirements and the Emergency Suspension of the Davis-Bacon Act
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Robert T. Stafford Disaster Relief and Emergency Assistance Act: Legal Requirements for Federal and State Roles in Declarations of an Emergency or a Major Disaster
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National Emergency Powers
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Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding
No Description digital.library.unt.edu/ark:/67531/metacrs7526/
Proper Scope of Questioning of Supreme Court Nominees: The Current Debate
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Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding
No Description digital.library.unt.edu/ark:/67531/metacrs7527/
Recess Appointments: A Legal Overview
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Item Veto and Expanded Impoundment Proposals
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War Powers Resolution: Presidential Compliance
No Description digital.library.unt.edu/ark:/67531/metacrs6799/
Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate
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Ocean Commissions: Ocean Policy Review and Outlook
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The Electoral College: Reform Proposals in the 108th Congress
American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. Despite occasional close elections, this system has delivered uncontested results in 46 of 50 elections since adoption of the 12th Amendment, effective in 1804. Throughout this period, nevertheless, it has been the subject of persistent criticism and many reform proposals. Related measures fall into two basic categories: those that would eliminate the electoral college and substitute direct popular election of the President and Vice President, and those that would retain the existing system in some form and correct perceived defects. digital.library.unt.edu/ark:/67531/metacrs10208/
The Electoral College: Reform Proposals in the 108th Congress
American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. Despite occasional close elections, this system has delivered uncontested results in 46 of 50 elections since adoption of the 12th Amendment, effective in 1804. Throughout this period, nevertheless, it has been the subject of persistent criticism and many reform proposals. Related measures fall into two basic categories: those that would eliminate the electoral college and substitute direct popular election of the President and Vice President, and those that would retain the existing system in some form and correct perceived defects. digital.library.unt.edu/ark:/67531/metacrs9300/
The Electoral College: Reform Proposals in the 108th Congress
American voters elect the President and Vice President of the United States under a complex arrangement of constitutional provisions, federal and state laws, and political party practices known as the electoral college system. Despite occasional close elections, this system has delivered uncontested results in 46 of 50 elections since adoption of the 12th Amendment, effective in 1804. Throughout this period, nevertheless, it has been the subject of persistent criticism and many reform proposals. Related measures fall into two basic categories: those that would eliminate the electoral college and substitute direct popular election of the President and Vice President, and those that would retain the existing system in some form and correct perceived defects. digital.library.unt.edu/ark:/67531/metacrs9660/
Elections Reform: Overview and Issues
This report discusses several issues as the Congress considers legislation to reform the voting process, a number of issues have emerged as part of the debate: the reliability of different types of voting technologies; voting problems and irregularities in the 2000 election; problems for militaryand overseas voters; the electoral college; and early media projections of election results. digital.library.unt.edu/ark:/67531/metacrs6949/
Presidential Succession: An Overview with Analysis of Legislation Proposed in the 109th Congress
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Palestinian President Mahmoud Abbas: Overview of Internal and External Challenges
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Item Veto: Budgetary Savings
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War Powers Resolution: Presidential Compliance
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Cloture Attempts on Nominations
Cloture is the only means by which the Senate can vote to limit debate on a matter, and thereby overcome a possible filibuster. It would be erroneous, however, to assume that cases in which cloture is sought are the same as those in which a filibuster occurs. Cloture may be sought when no filibuster is taking place, and filibusters may occur without cloture being sought. digital.library.unt.edu/ark:/67531/metacrs6157/
Evolution of the Senate's Role in the Nomination and Confirmation Process: A Brief History
Over time, the Senate has developed a series of procedures to deal with the concerns of its Members on nominations. First is the custom of senatorial courtesy, whereby Senators from the same party as the President might influence a nomination or kill it by objecting to it. This tradition has not always been absolute, but it has allowed Senators to play a fairly large role, particularly in the selection of nominees within a Senator’s home state, such as for district court judgeships. digital.library.unt.edu/ark:/67531/metacrs6156/