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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.
Partner: UNT Libraries Government Documents Department
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The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

Description: This report looks at how Article V of the Constitution allows Congress to propose amendments -- specifically the process of organizing an Article V Convention, a method that has never been used and which is only briefly outlined in the Constitution.
Date: April 11, 2014
Creator: Neale, Thomas H.
Partner: UNT Libraries Government Documents Department
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The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

Description: This report looks at how Article V of the Constitution allows Congress to propose amendments -- specifically the process of organizing an Article V Convention, a method that has never been used and which is only briefly outlined in the Constitution.
Date: May 7, 2014
Creator: Neale, Thomas H.
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. 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.
Partner: UNT Libraries Government Documents Department
open access

Military Personnel and Freedom of Religion: Selected Legal Issues

Description: This report provides an overview of the requirements of the First Amendment related to military personnel's religious exercise. It analyzes current constitutional and statutory requirements regarding religious exercise, and provides a framework for how Congress and the courts might consider future issues that arise related to service members' religious exercise. Specifically, the report examines the limitations placed on service members in uniform in the exercise of their religious beliefs. It … more
Date: February 1, 2011
Creator: Mason, R. Chuck & Brougher, Cynthia
Partner: UNT Libraries Government Documents Department
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Legal Standing Under the First Amendment's Establishment Clause

Description: This report analyzes the constitutional issues associated with standing (a restraint on the power of federal courts to render decisions), specifically related to cases arising under the Establishment Clause of the First Amendment regarding religion. It provides a background on the doctrine of standing, including the U.S. Supreme Court's interpretation of various types of standing: standing to sue as a citizen, as a taxpayer, and on behalf of another party. It also examines the current standing … more
Date: April 5, 2011
Creator: Brougher, Cynthia
Partner: UNT Libraries Government Documents Department
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The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress

Description: This report looks at how Article V of the Constitution allows Congress to propose amendments, specifically the process of organizing an Article V Convention, a method which has never been used and which is only breifly outlined in the Constitution.
Date: July 9, 2012
Creator: Neale, Thomas H.
Partner: UNT Libraries Government Documents Department
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A Balanced Budget Constitutional Amendment: Background and Congressional Options

Description: One of the most persistent political issues facing Congress in recent decades is whether to require that the budget of the United States be in balance. Although a balanced federal budget has long been held as a political ideal, the accumulation of large deficits in recent years has heightened concern that some action to require a balance between revenues and expenditures may be necessary. This report provides an overview of the issues and options that have been raised during prior consideration… more
Date: July 20, 2011
Creator: Saturno, James V. & Lynch, Megan Suzanne
Partner: UNT Libraries Government Documents Department
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A Balanced Budget Constitutional Amendment: Background and Congressional Options

Description: One of the most persistent political issues facing Congress in recent decades is whether to require that the budget of the United States be in balance. Although a balanced federal budget has long been held as a political ideal, the accumulation of large deficits in recent years has heightened concern that some action to require a balance between revenues and expenditures may be necessary. This report provides an overview of the issues and options that have been raised during prior consideration… more
Date: July 8, 2011
Creator: Saturno, James V. & Lynch, Megan Suzanne
Partner: UNT Libraries Government Documents Department
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Presidential Signing Statements: Constitutional and Institutional Implications

Description: Presidential signing statements are official pronouncements issued by the President contemporaneously to the signing of a bill into law that, in addition to commenting on the law generally, have been used to forward the President's interpretation of the statutory language; to assert constitutional objections to the provisions contained therein; and, concordantly, to announce that the provisions of the law will be administered in a manner that comports with the administration's conception of the… more
Date: January 4, 2012
Creator: Garvey, Todd
Partner: UNT Libraries Government Documents Department
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Flag Protection: A Brief History and Summary of Supreme Court Decisions and Proposed Constitutional Amendments

Description: 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.
Date: January 20, 2011
Creator: Luckey, John R.
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.
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
Partner: UNT Libraries Government Documents Department
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments

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 deci… more
Date: January 7, 2009
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
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Freedom of Speech and Press: Exceptions to the First Amendment

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… more
Date: October 16, 2009
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments

Description: 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.
Date: June 28, 2006
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
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Farm Product "Check-Off" Programs: A Constitutional Analysis

Description: This report begins with a brief introduction to check-off programs and then describes many of the First Amendment principles that have been discussed in checkoff cases. Next is an analysis of the first two challenges that reached the Supreme Court, as well as a brief discussion of subsequent lower court decisions. This report concludes with a discussion of Johanns v. Livestock Marketing Association and its possible implications for check-off programs.
Date: June 21, 2005
Creator: Vina, Stephen R
Partner: UNT Libraries Government Documents Department
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Description: 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.
Date: September 1, 2004
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Description: 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.
Date: June 4, 2003
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Description: 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.
Date: May 6, 2003
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
open access

Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment

Description: 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.
Date: January 27, 2003
Creator: Luckey, John R.
Partner: UNT Libraries Government Documents Department
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