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A Tax Limitation Constitutional Amendment: Issues and Options Concerning a Super-Majority Requirement
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.
A Tax Limitation Constitutional Amendment: Issues and Options Concerning a Super-Majority Requirement
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.
Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes
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Super-Majority Voting Requirement for Tax Increases: An Overview of Proposals for a Constitutional Amendment
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Super-Majority Voting Requirement for Tax Increases: An Overview of Proposals for a Constitutional Amendment
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Super-Majority Voting Requirement for Tax Increases: An Overview of Proposals for a Constitutional Amendment
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Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power
The lines of authority between states and the federal government are, to a significant extent, defined by the United States Constitution and relevant case law. In recent years, however, the Supreme Court has decided a number of cases that would seem to reevaluate this historical relationship. This report discusses state and federal legislative power generally, focusing on a number of these "federalism" cases.
The European Union's Reform Process: The Lisbon Treaty
This report provides information on the Lisbon Treaty and possible U.S.-EU implications that may be of interest to the 111th Congress.
A Balanced Budget Constitutional Amendment: Background and Congressional Options
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 of proposals for a balanced budget constitutional amendment.
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power
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 Spending Clause.
A Balanced Budget Constitutional Amendment: Background and Congressional Options
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 of proposals for a balanced budget constitutional amendment.
Afghanistan: Elections, Constitution, and Government
This report discusses the political situation in Afghanistan, more specifically it discusses the recent elections, newly formed constitution and the elected government.
A Balanced Budget Constitutional Amendment: Background and Congressional Options
One of the most persistent political issues facing Congress in recent years 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. The debate over a balanced budget measure actually consists of several interrelated debates, which this report addresses.
Campaign Finance Reform: Constitutional Issues Raised by Disclosure Requirements
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.
Victims' Rights Amendment in the 106th Congress: Overview of Suggestions to Amend the Constitution
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Victims' Rights Amendment: Proposals to Amend the United States Constitution in the 106th Congress
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Statutory Interpretation: General Principles and Recent Trends
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Afghanistan: Elections, Constitution, and Government
In 2004 and 2005, Afghanistan adopted a permanent constitution and elected a president and a parliament. The parliament is emerging as a significant force in Afghan politics, as shown in debates over a new cabinet and the 2006 budget. See CRS Report RL30588, Afghanistan: Post-War Governance, Security, and U.S. Policy, by Kenneth Katzman.
Afghanistan: Elections, Constitution, and Government
In 2004 and 2005, Afghanistan adopted a permanent constitution and elected a president and a parliament. The parliament is emerging as a significant force in Afghan politics, as shown in debate over a new cabinet proposed in March 2006. However, insurgent violence continues to threaten Afghan stability. See CRS Report RL30588, Afghanistan: Post-War Governance, Security, and U.S. Policy, by Kenneth Katzman.
Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power
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.
Freedom of Speech and Press: Exceptions to the First Amendment
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.
Armed Career Criminal Act (18 U.S.C. 924(e)): An Overview
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 generally unsuccessful.
The European Union's Reform Process: The Lisbon Treaty
This report provides information on the Lisbon Treaty and possible U.S.-EU implications that may be of interest to the 112th Congress.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments
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 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.
Flag Protection: A Brief History and Summary of Supreme Court Decisions and Proposed Constitutional Amendments
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.
Military Personnel and Freedom of Religion: Selected Legal Issues
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 also examines the role of military chaplains and the legal challenges associated with publicly funding religious personnel. The report analyzes efforts by Congress and the Department of Defense to address the constitutional concerns that are raised by these issues.
Freedom of Speech and Press: Exceptions to the First Amendment
This report provides an overview of the major exceptions to the First Amendment, i.e., 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.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
This report 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. A 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.
The Constitution of the United States, the Bill of Rights, and the Declaration of Independence: A Guide to Obtaining Copies
This report identifies ways to locate the texts of the Constitution of the United States and the Declaration of Independence in various formats, from sources such as the U.S. Government Printing Office, the National Archives and Records Administration, the Historical Documents Company, the Library of Congress National Library Service for the Blind and Physically Handicapped, and the Law Library of Congress. It also lists Internet addresses where applicable.
The Eighteen Year Old Vote: The Twenty-sixth Amendment and Subsequent Voting Rates of Newly Enfranchised Age Groups
This report traces the progress of proposals to expand the right to vote to citizens between the ages of 18 and 21, culminating in the ratification of the 26th Amendment to the Constitution of the United States in 1971. It also reviews the voting rates of the newly enfranchised age group and compares them to voting rates of other age groups.
Charitable Choice: Legal and Constitutional Issues
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.
Federal Gun Control Laws: The Second Amendment and Other Constitutional Issues
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 individual right to bear arms for lawful purposes, subject to appropriately minimal restrictions.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
This report is divided into two parts. The first gives a brief history of the protection of the flag issue from the enactment of the Flag Protection Act in 1968 until the present consideration of an amendment to the Constitution in the 106th Congress. The second part briefly summarizes the two decisions of the United States Supreme Court, Texas v. Johnson and United States v. Eichmann, which struck down the state and federal flag protection statutes as applied in the context punishing expressive conduct.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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.
Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendment
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Flag Protection: A Brief History and Summary of Recent Supreme Court Decisions and Proposed Constitutional Amendments
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.
Legal Analysis of President Reagan's Proposed Constitutional Amendment on School Prayer
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Legislative Prayer and School Prayer: The Constitutional Difference
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Balanced Budget and Spending Limitations: Proposed Constitutional Amendments in the 97th Congress
Expenditures and revenue limitation proposals link Federal spending and taxation to some measure of economic performance, such as the rate of economic growth or percentage levels of GNP or national income. The report presents this issue brief reviews, the various approaches to balance the budget and to impose spending limitations offered as constitutional amendments’ in the 97 congress.
The Americans with Disabilities Act: Eleventh Amendment Issues
This report provides a brief overview of the Eleventh Amendment to the Americans with Disabilities Act (ADA).
Campaign Finance: Constitutional and Legal Issues of Soft Money
Prior to enactment of the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155, the term “soft money” generally referred to unregulated funds, perceived as resulting from loopholes in the Federal Election Campaign Act (FECA), 2 U.S.C. §§ 431 et seq. Generally, the intent of BCRA, (effective Nov. 6, 2002), which amends FECA, is to restrict the raising and spending of soft money. This Issue Brief discusses constitutional and legal issues surrounding two major types of soft money that BCRA regulates: political party soft money and soft money used for issue advocacy communications. Corporate and labor union soft money, which FECA exempts from regulation and is not addressed by BCRA, is also discussed.
Campaign Finance: Constitutional and Legal Issues of Soft Money
Prior to enactment of the Bipartisan Campaign Reform Act of 2002 (BCRA), P.L. 107-155, the term “soft money” generally referred to unregulated funds, perceived as resulting from loopholes in the Federal Election Campaign Act (FECA), 2 U.S.C. §§ 431 et seq. Generally, the intent of BCRA, (effective Nov. 6, 2002), which amends FECA, is to restrict the raising and spending of soft money. This Issue Brief discusses constitutional and legal issues surrounding two major types of soft money that BCRA regulates: political party soft money and soft money used for issue advocacy communications. Corporate and labor union soft money, which FECA exempts from regulation and is not addressed by BCRA, is also discussed.