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Congressional Authority Over the Federal Courts

Description: 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 jurisdict… more
Date: May 16, 2005
Creator: Bazan, Elizabeth B.; Killian, Johnny & Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Congressional Authority to Standardize National Election Procedures

Description: Recent events surrounding the Presidential election have led to increased scrutiny of voting procedures in the United States. This report focuses on the constitutional authority and limitations that might be relevant to attempts by Congress to standardize these and other procedures.
Date: November 27, 2000
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Congressional Authority to Standardize National Election Procedures

Description: Recent events surrounding the Presidential election have led to increased scrutiny of voting procedures in the United States. This report focuses on the constitutional authority and limitations that might be relevant to attempts by Congress to standardize these and other procedures.
Date: March 29, 2001
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Congressional Authority to Standardize National Election Procedures

Description: Recent events surrounding the Presidential election have led to increased scrutiny of voting procedures in the United States. This report focuses on the constitutional authority and limitations that might be relevant to attempts by Congress to standardize these and other procedures.
Date: February 14, 2003
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Executive Branch Power to Postpone Elections

Description: Because of the continuing threat of terrorism, concerns have been raised about the potential for terrorist events to occur close to or during the voting process for the November 2004 elections. For instance, the question has been raised as to whether a sufficiently calamitous event could result in the postponement of the election, and what mechanisms are in place to deal with such an event. This report focuses on who has the constitutional authority to postpone elections, to whom such power cou… more
Date: July 14, 2004
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Assisted Suicide and the Controlled Substances Act: Legal Issues Associated with the Proposed Pain Relief Promotion Act

Description: The Pain Relief Promotion Act, as proposed in the 106th Congress, provided that the Attorney General, in determining whether the registration of a doctor for the administration of controlled substances is in the public interest, should give no force and effect to state law authorizing or permitting assisted suicide or euthanasia. This language would appear to have been designed to abrogate the legal reasoning set forth by the Attorney General in a press release regarding the application of the … more
Date: January 12, 2001
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Restricting Softwood Log Exports: Policy and Legal Implications

Description: The Pacific Northwest is a major exporter of unprocessed softwood logs to foreign countries, such as Japan, that are often sold at premium prices. Consequently, some local mills have had difficulty obtaining unprocessed logs, which has contributed to the loss of timber industry jobs in the Pacific Northwest. Thus, many believe that exporting logs is the economic and moral equivalent of exporting U.S. jobs.
Date: August 13, 1993
Creator: Gorte, Ross W. & Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Federalism, State Sovereignty and the Constitution: Basis and Limits of Congressional Power

Description: This 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; constitutional limits on congressional powers, such as the Tenth Amendment; and state sovereign immunity under the Eleventh Amendment.
Date: January 2, 2003
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Federalism, State Sovereignty and the Constitution: Basis and Limits of Congressional Power

Description: This 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; constitutional limits on congressional powers, such as the Tenth Amendment; and state sovereign immunity under the Eleventh Amendment.
Date: September 5, 2003
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Republic of the Marshall Islands Changed Circumstances Petition to Congress

Description: This report summarizes U.S. nuclear testing on the Marshall Islands, U.S. compensation efforts to date, relevant provisions in the Compact of Free Association, and the Changed Circumstances Petition. It analyzes several issues related to the personal injury, health care, and property damages claims in the Petition.
Date: May 16, 2005
Creator: Lum, Thomas; Thomas, Kenneth R.; Redhead, C. Stephen; Bearden, David M.; Holt, Mark & Lazzari, Salvatore
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Enemy Combatant Detainees:

Description: In Rasul v. Bush, a divided Supreme Court declared that “a state of war is not a blank check for the president” and ruled that persons deemed “enemy combatants” have the right to challenge their detention before a judge or other “neutral decision-maker.” This report provides an overview of the CSRT procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act, analyzing how it might affect detainee-related litigation … more
Date: September 26, 2006
Creator: Elsea, Jennifer K. & Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Proposed Keystone XL Pipeline: Legal Issues

Description: This report reviews those legal issues. First, it suggests that legislation related to cross-border facility permitting is unlikely to raise significant constitutional questions, despite the fact that such permits have traditionally been handled by the executive branch alone pursuant to its constitutional "foreign affairs" authority. Next, it observes generally that state oversight of pipeline siting decisions does not appear to violate existing federal law or the Constitution. Finally, the rep… more
Date: January 23, 2012
Creator: Vann, Adam; Alexander, Kristina; Burrows, Vanessa K. & Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Constitutionality of Retroactive Tax Legislation

Description: Report that examines the constitutional provisions that might be implicated by retroactive tax legislation, including legislation that seems intended to punish past behavior.
Date: October 25, 2012
Creator: Lunder, Erika K.; Meltz, Robert & Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power

Description: This report discusses state and federal legislative power generally and focuses on a number of these "federalism" cases. The report discusses state and federal legislative power generally, and focuses on a number of these "federalism" cases.1 Issues addressed include congressional power under the Commerce Clause and the Fourteenth Amendment; limits on congressional powers, such as the Tenth Amendment; state sovereign immunity under the Eleventh Amendment; and grant condition imposed under the S… more
Date: September 23, 2013
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Description: This report provides an overview of the Combatant Status Review Tribunal (CSRT) procedures, summarizes court cases related to the detentions and the use of military commissions, and summarizes the Detainee Treatment Act (DTA), as amended by the Military Commissions Act of 2006, analyzing its effects on detainee-related litigation in federal court. The report summarizes pending legislation and provides an analysis of relevant constitutional issues that may have some bearing on Congress's options… more
Date: July 29, 2008
Creator: Elsea, Jennifer K.; Garcia, Michael John & Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power

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.
Date: February 1, 2008
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Bills of Attainder: The Constitutional Implications of Congress Legislating Narrowly

Description: This report discusses congressional bills of attainder, defined by the Supreme Court as "law[s] that legislatively determine guilt and inflict punishment upon an identifiable individual without provision of the protections of a judicial trial." The report specifically examines the two main criteria courts use to determine whether legislation is a bill of attainder: specificity and punishment.
Date: August 26, 2014
Creator: Thomas, Kenneth R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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