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Conscientious Objection and the Constitution: "Welsh v. United States" and Beyond

Description: 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.
Date: August 14, 1970
Creator: Killian, Johny H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background

Description: This report discusses the USA PATRIOT Act (107-56) and its expanded authority to issue national security letters (NSLs). A report by the Department of Justice's Inspector General (IG) found that in its pre-amendment use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," but that no criminal laws had been broken.
Date: January 3, 2014
Creator: Doyle, Charles
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview

Description: 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… more
Date: October 13, 2010
Creator: Doyle, Charles
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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The Origination Clause of the U.S. Constitution: Interpretation and Enforcement

Description: Article I, Section 7, clause 1 of the U.S. Constitution is known as the Origination Clause because it provides that "All Bills for raising Revenue shall originate in the House of Representatives." The meaning and application of this clause has evolved through practice and precedent since the Constitution was drafted. The Constitution does not provide specific guidelines as to what constitutes a "bill for raising revenue." This report analyzes congressional and court precedents regarding that co… more
Date: March 15, 2011
Creator: Saturno, James V.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Statutory Interpretation: General Principles and Recent Trends

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.
Date: August 31, 2008
Creator: Kim, Yule
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Federal Gun Control Laws: The Second Amendment and Other Constitutional Issues

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 individ… more
Date: February 1, 1995
Creator: Schrader, Dorothy
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Federal Farm Promotion ("Check-off") Programs

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 … more
Date: October 20, 2008
Creator: Becker, Geoffrey S.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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The "Son of Sam" Case: Legislative Implications

Description: In Simon & Schuster, Inc. v. Members of the new York State Crime Victims Board, the U.S. Supreme Court held that New York State's "Son of Sam" law was inconsistent with the First Amendment's guarantee of freedom of speech and press. This report examines the Supreme Court decision and then considers whether its rationale renders the federal law unconstitutional. Concluding that it likely does, the report considers whether it would be possible to enact a constitutional Son-of-Sam statute. Finally… more
Date: November 30, 1998
Creator: Cohen, Henry
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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The Assault Weapons Ban: Review of Federal Laws Controlling Possessions of Certain Firearms

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.
Date: December 1, 1995
Creator: Schrader, Dorothy
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 2)

Description: Second part of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees Council," concerning whether requiring non-union member employees is constitutional. It begins with a brief summary of the parties' arguments, highlights some key statements from the prior decisions of Justice Gorsuch (who is likely to be a critical voice), and finally explores the potential implications of the decision.
Date: December 4, 2017
Creator: Killion, Victoria L.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Facing the FAST Act: Abortion and Free Speech (Part 2)

Description: Second part of a report regarding the Supreme Court case: "National Institute of Family and Life Advocates (NIFLA) v. Becerra;" it involves a California state law that requires certain pregnancy centers to distribute particular information to clients which they contend violates their free speech rights. This report discusses the potential implications of any Supreme Court decision in "NIFLA" for First Amendment jurisprudence and legislatures seeking to regulate in this area.
Date: January 10, 2018
Creator: Killion, Victoria L.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Public Sector Union Dues: Grappling with Fixed Stars and Stare Decisis (Part 1)

Description: First part of a report discussing the upcoming Supreme Court case of "Janus v. American Federation of State, County, and Municipal Employees Council," concerning whether requiring non-union member employees is constitutional. It provides general background on an earlier case regarding the issue "Abood v. Detroit Board of Education" and the case law leading up to "Janus."
Date: December 4, 2017
Creator: Killion, Victoria L.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Facing the FAST Act: Abortion and Free Speech (Part 1)

Description: First part of a report regarding the Supreme Court case: "National Institute of Family and Life Advocates (NIFLA) v. Becerra;" it involves a California state law that requires certain pregnancy centers to distribute particular information to clients which they contend violates their free speech rights. This report provides an overview of the challenged law, followed by an analysis of how the Supreme Court might categorize the speech at issue.
Date: January 10, 2018
Creator: Killion, Victoria L.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Supreme Court Invalidates Public-Sector Union Agency Fees: Considerations for Congress in the Wake of Janus

Description: This report discusses the Supreme Court case Janus v. American Federation of State, County, and Municipal Employees, Council 31 (AFSCME). In a 5-4 decision, the Court held that "agency fee" arrangements between a union and a government employer necessarily violate the First Amendment, overruling its 1977 decision in Abood v. Detroit Board of Education.
Date: July 20, 2018
Creator: Killion, Victoria L.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Supreme Court October Term 2017: A Review of Selected Major Rulings

Description: This report highlights seven notable cases from the October Term 2017 that could impact the work of Congress: (1) Epic Systems Corp. v. Lewis; (2) Carpenter v. United States; (3) Murphy v. National Collegiate Athletic Association (NCAA); (4) Janus v. American Federation of State, County, and Municipal Employees, Council 31 (AFSCME); (5) National Institute of Family and Life Advocates (NIFLA) v. Becerra; (6) Trump v. Hawaii; and (7) Lucia v. Securities and Exchange Commission (SEC). For each cas… more
Date: September 19, 2018
Creator: Nolan, Andrew; Brannon, Valerie C.; Cole, Jared P.; Freeman, Wilson C. & Harrington, Ben
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Limiting Court Jurisdiction Over Federal Constitutional Issues: “Court-Stripping”

Description: This report discusses various proposals that have been made to limit the jurisdiction of federal courts to hear cases regarding particular areas of constitutional law such as busing, abortion, prayer in school, and most recently, reciting the Pledge of Allegiance. Proposals of this type are often referred to as “court-stripping” legislation.
Date: December 11, 2003
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress

Description: This report offers perspectives for Congress on the Article V Convention, opening with an overview of the provisions in Article V that established the convention procedure. The report further examines its origins at the Constitutional Convention of 1787; the history of the convention alternative, focusing on three major 20th century campaigns to convene a constitutional convention; and the role of the states in the Article V Convention process.
Date: October 22, 2012
Creator: Neale, Thomas H.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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When Does Double Prosecution Count as Double Jeopardy?

Description: This report discusses the Fifth Amendment's Double Jeopardy Clause; although the Clause provides that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb," the Supreme Court has made clear that that protection has its limits.
Date: August 16, 2018
Creator: Hsin, JD S.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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The Supreme Court's Overruling of Constitutional Precedent

Description: This report examines how the Supreme Court determines whether to overrule its prior decisions on questions of constitutional law. It provides an overview of the doctrine of stare decisis, under which a court generally follows rules adopted in prior decisions; discusses how Justices who have adopted textualism and originalism handle conflicts between precedent and their judicial philosophies; and examines various factors that the Court weighs when interpreting the Constitution, providing example… more
Date: September 24, 2018
Creator: Murrill, Brandon J.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Supreme Court to Hear Digital Privacy Case: Can the Government Obtain Emails Stored Abroad?

Description: This report discusses the upcoming Supreme Court case of "United States vs. Microsoft" which concerns whether the government can compel Microsoft to provide them emails stored abroad. This report provides background on the case, including an overview of the Stored Communications Act (SCA), discusses the specific issues presented by the Microsoft case, and explores the case's implications for Congress.
Date: February 23, 2018
Creator: Smith, Austin D.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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