Congressional Research Service Reports - 97 Matching Results

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Charitable Choice: Legal and Constitutional Issues

Description: This report provides analysis of a number of factual, civil rights, and constitutional questions that have been raised regarding charitable choice in general. The analysis is generally focused on those provisions enacted as part of the 1996 welfare reform law. More recent charitable choice rules may give rise to the same or similar concerns. Primarily, this report focuses on civil rights concerns that have arisen in the context of charitable choice and First Amendment issues, as well as recent legal developments related to charitable choice.
Date: January 27, 2006
Creator: Welborn, Angie A.
Partner: UNT Libraries Government Documents Department

Excited Utterances, "Testimonial" Statements, and the Confrontation Clause

Description: The United States Supreme Court will hear oral argument this term in appeals from two state supreme court cases, Hammon v. Indiana and Davis v. Washington, concerning the admissibility of “excited utterance” statements made by non-testifying witnesses at criminal trials. In the landmark Crawford v. Washington case in 2004, the Court held that the Sixth Amendment’s Confrontation Clause forbids hearsay “testimonial” evidence from being introduced against the accused unless the witness is unavailable to testify and the defendant has had a prior opportunity to crossexamine the witness. However, the Crawford Court declined to provide a comprehensive definition of “testimonial,” leaving such task “for another day.”
Date: December 14, 2005
Creator: Yeh, Brian T
Partner: UNT Libraries Government Documents Department

The European Union's "Constitution"

Description: In June 2004, the European Union (EU) concluded work on a constitutional treaty that contains changes to the EU’s governing institutions and decision-making processes. This new “constitution” grew out of the 2002-2003 Convention on the Future of Europe and previous EU efforts to institute internal reforms ahead of the Union’s expansion from 15 members to 25 in May 2004. The “constitution” aims to enable a larger EU to operate effectively and prevent gridlock, but it must still be ratified by all member states before it enters into force. This report provides background information on the Convention and describes the EU “constitution,” its key provisions, next steps, and possible implications for the U.S.-EU relationship.
Date: June 10, 2005
Creator: Archick, Kristin
Partner: UNT Libraries Government Documents Department

The European Union's Constitution

Description: In June 2004, the European Union (EU) concluded work on a constitutional treaty that contains changes to the EU’s governing institutions and decision-making processes. This new “constitution” grew out of the 2002-2003 Convention on the Future of Europe and previous EU efforts to institute internal reforms ahead of the Union’s expansion from 15 members to 25 in May 2004. The “constitution” aims to enable a larger EU to operate effectively and prevent gridlock, but it must still be ratified by all member states before it enters into force. This report provides background information on the Convention and describes the EU “constitution,” its key provisions, next steps, and possible implications for the U.S.-EU relationship.
Date: July 11, 2005
Creator: Archick, Kristin
Partner: UNT Libraries Government Documents Department

The European Union's "Constitution"

Description: In June 2004, the European Union (EU) concluded work on a constitutional treaty that contains changes to the EU’s governing institutions and decision-making processes. This new “constitution” grew out of the 2002-2003 Convention on the Future of Europe and previous EU efforts to institute internal reforms ahead of the Union’s expansion from 15 members to 25 in May 2004. The “constitution” aims to enable a larger EU to operate effectively and prevent gridlock, but it must still be ratified by all member states before it enters into force. This report provides background information on the Convention and describes the EU “constitution,” its key provisions, next steps, and possible implications for the U.S.-EU relationship.
Date: March 7, 2005
Creator: Archick, Kristin
Partner: UNT Libraries Government Documents Department

The European Union's "Constitution"

Description: In June 2004, the European Union (EU) concluded work on a constitutional treaty that contains changes to the EU’s governing institutions and decision-making processes. This new “constitution” grew out of the 2002-2003 Convention on the Future of Europe and previous EU efforts to institute internal reforms ahead of the Union’s expansion from 15 members to 25 in May 2004. The “constitution” aims to enable a larger EU to operate effectively and prevent gridlock, but it must still be ratified by all member states before it enters into force. This report provides background information on the Convention and describes the EU “constitution,” its key provisions, next steps, and possible implications for the U.S.-EU relationship.
Date: May 2, 2005
Creator: Archick, Kristin
Partner: UNT Libraries Government Documents Department

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: "Soft money" has become one of the major issues in the area of campaign financing in federal elections. The controversy surrounding this issue is due to the perception that soft money may be the largest loophole in the Federal Election Campaign Act (FECA). Soft money is broadly defined as funds that are raised and spent according to applicable state laws; that would be impermissible, under the FECA, to spend directly in federal elections and that may have an indirect influence on federal elections. This Issue Brief discusses three major types of soft money: political party soft money, corporate and labor union soft money, and soft money used for issue advocacy communications.
Date: August 10, 2000
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department

A Tax Limitation Constitutional Amendment: Issues and Options Concerning a Super-Majority Requirement

Description: Proposals to limit the federal government’s authority to raise taxes have been made several times in recent years. Most frequently, these proposals call for limits on Congress’s ability to pass revenue measures. Typically, limitation proposals would allow increases in tax revenues only under one of two circumstances. First, tax revenues could increase under existing tax laws as a result of economic upturns. Alternatively, they could increase because of a new law, but only if it were passed by a super-majority (typically two-thirds or three-fifths). Questions about how such proposals might be applied in practice have not been clearly answered. Congress has previously considered such proposals in 1996, 1997, 1998, 1999, 2000, and 2001. In each case the proposal has failed to achieve the two-thirds majority necessary for passage. Most recently, the House considered H.J.Res. 96 on June 12, 2002. The measure failed to achieve the necessary two-thirds, 227-178. This report will be updated to reflect any further legislative actions on such proposals.
Date: July 15, 2003
Creator: Saturno, James V.
Partner: UNT Libraries Government Documents Department

A Tax Limitation Constitutional Amendment: Issues and Options Concerning a Super-Majority Requirement

Description: Proposals to limit the federal government’s authority to raise taxes have been made several times in recent years. Most frequently, these proposals call for limits on Congress’s ability to pass revenue measures. Typically, limitation proposals would allow increases in tax revenues only under one of two circumstances. First, tax revenues could increase under existing tax laws as a result of economic upturns. Alternatively, they could increase because of a new law, but only if it were passed by a super-majority (typically two-thirds or three-fifths). Questions about how such proposals might be applied in practice have not been clearly answered. Congress has previously considered such proposals in 1996, 1997, 1998, 1999, 2000, and 2001. In each case the proposal has failed to achieve the two-thirds majority necessary for passage. Most recently, the House considered H.J.Res. 96 on June 12, 2002. The measure failed to achieve the necessary two-thirds, 227-178. This report will be updated to reflect any further legislative actions on such proposals.
Date: June 13, 2002
Creator: Saturno, James V.
Partner: UNT Libraries Government Documents Department

Constitutional Constraints on Congress' Ability to Protect the Environment

Description: Federal protection of the environment must hew to the same constitutional strictures as any other federal actions. In the past decade, however, the Supreme Court has invigorated several of these strictures in ways that present new challenges to congressional drafters of environmental statutes. This report reviews six of these newly emergent constitutional areas, with special attention to their significance for current and future environmental legislation.
Date: September 8, 2000
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements

Description: Campaign finance reform legislation often contains provisions that would impose additional reporting and disclosure requirements under the Federal Election Campaign Act (FECA). For example, S. 27 (McCain/Feingold), would require disclosure of disbursements of expenditures over $10,000 for “electioneering communications,” which are defined to include broadcast ads that “refer” to federal office candidates, with identification of donors of $500 or more. S. 22 (Hagel/Landrieu) would increase and expedite current disclosure requirements under FECA. H.R. 380 (Shays/Meehan) would lower the current FECA threshold for contribution reporting from $200 to $50 and impose reporting requirements for soft money disbursements by persons other than political parties. This report will discuss some of the constitutional issues relating to these and other such disclosure requirements.
Date: March 20, 2001
Creator: Whitaker, L. Paige
Partner: UNT Libraries Government Documents Department