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Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice
This report focuses on the American impeachment process, which places in the legislative branch the authority to remove the President, Vice President, and other federal civil officers in the executive and judicial branches upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. This report summarizes impeachment proceedings in the 111th Congress, examines relevant constitutional provisions, and provides a brief historical overview.
The Foreign Intelligence Surveillance Act: Comparison of House-Passed H.R. 3773, S. 2248 as Reported by the Senate Select Committee on Intelligence, and S. 2248 as Reported Out of the Senate Judiciary Committee
No Description Available.
P.L. 110-55, the Protect America Act of 2007: Modifications to the Foreign Intelligence Surveillance Act
This report discusses the Protect America Act of 2007, which was signed into law by President Bush, after having been passed by the Senate on August 3 and the House of Representatives on August 4.
Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice
The American impeachment process places in the legislative branch the authority to remove the President, Vice President, and other federal civil officers in the executive and judicial branches upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. It is one of the checks and balances grounded in the American constitutional structure. This report summarizes impeachment proceedings in the 111th Congress, examines relevant constitutional provisions, and provides a brief historical overview.
An Overview of Supreme Court Search and Seizure Decisions from the October 1999 Term
In the October 1999 Term, the Supreme Court placed limits on the extent to which intrusions into reasonable privacy interests in a number of situations may withstand constitutional muster.
Capital Punishment: An Overview of Federal Death Penalty Statutes
This report discusses the violent crime control and law enforcement act of 1994, the federal death penalty that became available as a possible punishment for a substantial number of new and existing civilian offenses.
The Foreign Intelligence Surveillance Act: An Overview of Selected Issues
This report briefly outlines some of the perspectives reflected in the ongoing debate related to the Foreign Intelligence Surveillance Act (FISA) focusing on three issues: tension between national security and civil liberties, collection of foreign intelligence information from foreign persons, and limitations on liability for telecommunications providers furnishing aid to the government.
The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and U.S. Foreign Intelligence Surveillance Court and U.S. Foreign Intelligence Surveillance Court of Review Decisions
This report discusses the Foreign Intelligence Surveillance Act (FISA), the USA PATRIOT Act of 2001, and other related amendments that were included in the Intelligence Authorization Act for Fiscal Year 2002.
The Foreign Intelligence Surveillance Act: A Sketch of Selected Issues
This report briefly outlines three issues relating to electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) and touches upon some of the perspectives reflected in the ongoing debate. These issues include the inherent and often dynamic tension between national security and civil liberties, particularly rights of privacy and free speech; the need for the intelligence community to be able to efficiently and effectively collect foreign intelligence information from the communications of foreign persons located outside the United States in a changing, fast-paced, and technologically sophisticated international environment or from United States persons abroad, and the differing approaches suggested to meet this need; and limitations of liability for those electronic communication service providers who furnish aid to the federal government in its foreign intelligence collection. Two constitutional provisions, in particular, are implicated in this debate — the Fourth and First Amendments. This report briefly examines these issues and sets them in context.
Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice
This report provides an overview of constitutional provisions, procedure, and practice of impeachment.
Capital Punishment: An Overview of Federal Death Penalty Statutes
This report lists the current federal capital offenses and summarizes the procedures for federal civilian death penalty cases. Several laws are relevant to the topic including: P.L. 103-322, the Violent Crime Control and Law Enforcement Act of 1994; the Anti-terrorism and Effective Death Penalty Act of 1996; and P.L. 107-197, the Terrorist Bombings Convention Implementation Act of 2002.
The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions
No Description Available.
The Foreign Intelligence Surveillance Act: A Brief Overview of Selected Issues
This report provides a brief overview of the selected issues on the Foreign Intelligence Surveillance Act.
The Foreign Intelligence Surveillance Act: Comparison of House-Passed H.R. 3773, S. 2248 as Reported by the Senate Select Committee on Intelligence, and S. 2248 as Reported Out of the Senate Judiciary Committee
No Description Available.
The Foreign Intelligence Surveillance Act: Comparison of House-Passed H.R. 3773, S. 2248 as Reported By the Senate Select Committee on Intelligence, and S. 2248 as Reported Out of the Senate Judiciary Committee
No Description Available.
The Foreign Intelligence Surveillance Act: Comparison of the Senate Amendment to H.R. 3773 and the House Amendment to the Senate Amendment to H.R. 3773
This report provides an overview and review of legislative activity related to the Foreign Intelligence Surveillance Act (FISA). It also includes a detailed side-by-side comparison of the proposals to address FISA concerns: Senate Amendment to H.R. 3773 and the House Amendment to the Senate Amendment to H.R. 3773.
Electronic Surveillance Modernization Act, as Passed by the House of Representatives
This report summarizes the bill as passed by the House and analyzes the potential impact of its provisions were they to become law.
The U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review: An Overview
This report examines the creation, membership, structure, and jurisdiction of these courts.
Assassination Ban and E.O. 12333: A Brief Summary
This report offers a brief summary of the assassination ban contained in Executive Order (E.O.) 12333, Section 2.11. E.O. 12333 is the latest in a series of three executive orders which included assassination bans. The first, Executive Order 11905, Sec. 5(g),1 41 Fed. Reg. 7703, 7733 (President Gerald Ford, 2/19/76), was part of an executive order issued by President Ford in response to concerns raised in the 1970's with respect to alleged abuses by the U.S. intelligence community.
Foreign Intelligence Surveillance Act: Selected Legislation from the 108th Congress
The Foreign Intelligence Surveillance Act, as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. In doing so, Congress sought to strike a balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers and trap and trace devices, and access to certain business records.
The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions
This report will examine the detailed statutory structure provided by FISA and related provisions of E.O. 12333. In addition, it will discuss the decisions of the U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review
Capital Punishment: An Overview of Federal Death Penalty Statutes
With the passage of P.L. 103-322, the Violent Crime Control and Law Enforcement Act of 1994, the federal death penalty became available as a possible punishment for a substantial number of new and existing civilian offenses. On April 24, 1996, the Antiterrorism and Effective Death Penalty Act of 1996 made further modifications and additions to the list of federal capital crimes. On June 25, 2002, P.L. 107-197, the Terrorist Bombings Convention Implementation Act of 2002, added another capital crime to the United States Code. The Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, enacted December 17, 2004, included provisions which impacted or expanded some of the existing death penalty provisions. This report lists the current federal capital offenses and summarizes the procedures for federal civilian death penalty cases.
Foreign Intelligence Surveillance Act: Selected Legislation from the 108th Congress
The Foreign Intelligence Surveillance Act, as passed in 1978, provided a statutory framework for the use of electronic surveillance in the context of foreign intelligence gathering. In doing so, Congress sought to strike a balance between national security interests and personal privacy rights. Subsequent legislation expanded federal laws dealing with foreign intelligence gathering to address physical searches, pen registers and trap and trace devices, and access to certain business records.
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
No Description Available.
The Intersection Between the Former Presidents Act and the Impeachment Process
This report is on The Intersection Between the Former Presidents Act and the Impeachment Process.
The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and Recent Judicial Decisions
This report will examine the detailed statutory structure provided by FISA and related provisions of E.O. 12333. In addition, it will discuss the decisions of the U.S. Foreign Intelligence Surveillance Court and the U.S. Foreign Intelligence Surveillance Court of Review
Terrorist Surveillance Act of 2006: S. 3931 and Title II of S. 3929, the Terrorist Tracking, Identification, and Prosecution Act of 2006
No Description Available.
H.R. 5825 (109th Congress): "Electronic Surveillance Modernization Act"
This report discusses the National Security Agency’s “Terrorist Surveillance Program,” a program in which international communications of persons within the United States have been the subject of electronic surveillance without a warrant or a Foreign Intelligence Surveillance Court order.
National Security Surveillance Act of 2006: S. 3886, Title II (S. 2453 as Reported Out of the Senate Judiciary Committee)
No Description Available.
Intelligence Identities Protection Act
This report discusses the Intelligence Identities Protection Act, passed in 1982 to hold criminally liable those who disclose the identities of US intelligence agents.
Intelligence Reform and Terrorism Prevention Act of 2004: "Lone Wolf" Amendment to the Foreign Intelligence Surveillance Act
This report discusses the "Lone Wolf" Amendment to the Foreign Intelligence Surveillance Act (FISA), which designates non-United States persons who engage in or prepare to commit international terrorism as "agents of a foreign power".
Congressional Oversight of Judges and Justices
This report addresses Congress’ oversight authority over individual federal judges or Supreme Court Justices. Congressional oversight authority, although broad, is limited to subjects related to the exercise of legitimate congressional power. First the report addresses the general powers and limitations on Congress’ oversight authority. Second, the report examines the Senate approval process for the nominations of individual judges or Justices, and the Senate’s ability to obtain information on judges or Justices during that process. The report also considers the limits of existing statutory authority for judicial discipline and how Congress has influenced such procedures. It discusses the issue of how far the congressional investigatory powers can be exercised regarding possible judicial impeachments. Finally, it treats investigations regarding the individual actions of a judge outside of the above contexts, such as how a judge imposes sentences under the United States Sentencing Guidelines.
Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice
On June 19, 2009, the House voted to impeach U.S. District Judge Samuel B. Kent of the U.S. District Court for the Southern District of Texas. The impeachment process provides a mechanism for removal of the President, Vice President, and other federal civil officers found to have engaged in "treason, bribery, or other high crimes and misdemeanors." This report explains the impeachment process, including its history and the process itself.
Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice
On June 19, 2009, the House voted to impeach U.S. District Judge Samuel B. Kent of the U.S. District Court for the Southern District of Texas. The impeachment process provides a mechanism for removal of the President, Vice President, and other federal civil officers found to have engaged in "treason, bribery, or other high crimes and misdemeanors." This report explains the impeachment process, including its history and the process itself.
Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice
On June 19, 2009, the House voted to impeach U.S. District Judge Samuel B. Kent of the U.S. District Court for the Southern District of Texas. The impeachment process provides a mechanism for removal of the President, Vice President, and other federal civil officers found to have engaged in "treason, bribery, or other high crimes and misdemeanors." This report explains the impeachment process, including its history and the process itself.
Corporate Accountability: Sarbanes-Oxley Act of 2002: (P.L. 107-204)
The Act establishes a new Public Company Accounting Oversight Board which is to be supervised by the Securities and Exchange Commission. The Act restricts accounting firms from performing a number of other services for the companies which they audit. The Act also requires new disclosures for public companies and the officers and directors of those companies.
Securities Law: Sarbanes-Oxley Act of 2002 and Selected 108th Congress Bills Concerning Corporate Accountability
No Description Available.
Intelligence Spending: Public Disclosure Issues
This report describes the constituent parts of the intelligence budget, past practice in handling intelligence authorizations and appropriations, the arguments that have been advanced for and against making intelligence spending totals public, a legal analysis of these issues, and a review of the implications of post-Cold War developments on the question. It also describes past congressional interest in keeping intelligence spending totals secret.
Intelligence Spending: Public Disclosure Issues
No Description Available.
Government Access to Phone Calling Activity and Related Records: Legal Authorities
This report summarizes legal authorities regarding access by the government, for either foreign intelligence or law enforcement purposes, to information related to telephone calling patterns or practices. Where pertinent, it also discusses statutory prohibitions against accessing or disclosing such information, along with relevant exceptions to those prohibitions.
Government Access to Phone Calling Activity and Related Records: Legal Authorities
This report summarizes legal authorities regarding access by the government, for either foreign intelligence or law enforcement purposes, to information related to telephone calling patterns or practices. Where pertinent, it also discusses statutory prohibitions against accessing or disclosing such information, along with relevant exceptions to those prohibitions.
Congressional Authority Over the Federal Courts
This report examines Congress' legislative authority with respect to the Judicial Branch. While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers. This report addresses the constitutional foundation of the federal courts, and the explicit and general authorities of Congress to regulate the courts. It then addresses Congress’ ability to limit the jurisdiction of the courts over particular issues, sometimes referred to as “court-stripping.” The report then analyzes Congress’ authority to regulate the availability of certain judicial processes and remedies for litigants. Congressional power to legislate regarding specific judicial decisions is also discussed.
Government Access to Phone Calling Activity and Related Records: Legal Authorities
This report summarizes statutory authorities regarding access by the government, for wither foreign intelligence or law enforcement purposes, to information related to telephone calling patterns or practices. Where pertinent, it also discusses statutory prohibitions against accessing or disclosing such information, along with relevant exceptions to those prohibitions.
Congressional Authority Over the Federal Courts
This report examines Congress' legislative authority with respect to the Judicial Branch. While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers.
Government Access to Phone Calling Activity and Related Records: Legal Authorities
Report summarizing statutory authorities regarding access by the government, for either foreign intelligence or law enforcement purposes, to information related to telephone calling patterns or practices.
Government Access to Phone Calling Activity and Related Records: Legal Authorities
This report summarizes statutory authorities regarding access by the Government, for either foreign intelligence or law enforcement purposes, to information related to telephone calling patterns or practices.
Compendium of Precedents Involving Evidentiary Rulings and Applications of Evidentiary Principles from Selected Impeachment Trials
At the present time, there are no binding rules of evidence or set of evidentiary principles to be applied in Senate impeachment trials. Rather, recourse is taken to the evidentiary rules and principles applicable in contemporaneous court proceedings and to precedents from past impeachment trial to provide guidance for Senate Impeachment Trial Committees or for the full Senate on evidentiary questions which arise in the impeachment context. This report compiles evidentiary precedents from the Senate impeachment trials of Judges Harry E. Claiborne, Halsted Ritter, Harold Louderback, and Charles Swayne. The evidentiary rulings and principles gleaned from this examination are arranged in subject matter categories, and within those categories, in reverse chronological order by trial.
Compendium of Precedents Involving Evidentiary Rulings and Applications of Evidentiary Principles from Selected Impeachment Trials
This report is a compilation of evidentiary issues and rulings from the Senate impeachment trials of Judges Nixon, Hastings, Claiborne, Ritter, Louderback, and Swayne. A discourse on what evidentiary rules and principles are applicable in impeachment trials is appended.
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization
This report discusses the history of constitutional interpretations and legislative responses relevant to the collection of private information for criminal investigation, foreign intelligence gathering, and national security purposes.
Government Collection of Private Information: Background and Issues Related to the USA PATRIOT Act Reauthorization
This report discusses the history of constitutional interpretations and legislative responses relevant to the collection of private information for criminal investigation, foreign intelligence gathering, and national security purposes.
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