Congressional Research Service Reports - Browse

ABOUT BROWSE FEED

Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

Description: Congress has on several occasions delegated its power of eminent domain to entities outside the federal government -- public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegates, is today beyond dispute. However, among delegates with both federal and private characteristics, there is some subjectivity to deciding which to list in a report limited to "nonfederal entities." For delegatees of federal eminent domain power listed here, delegations since 1920 have primarily been to Amtrak, hydroelectric facilities (for dams and reservoirs), and entities engaged in the movement of electricity, gas, and petroleum (the last one expired), and for interstate bridges.
Date: May 20, 2008
Creator: Meltz, Robert
Partner: UNT Libraries Government Documents Department

The Eighteen Year Old Vote: The Twenty-sixth Amendment and Subsequent Voting Rates of Newly Enfranchised Age Groups

Description: 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.
Date: May 20, 1983
Creator: Neale, Thomas H
Partner: UNT Libraries Government Documents Department

Election Projections: First Amendment Issues

Description: Media projections may be based both on exit polls and on information acquired as to actual ballot counts. The First Amendment would generally preclude Congress from prohibiting the media from interviewing voters after they exit the polls. It apparently would also preclude Congress from prohibiting the media from reporting the results of those polls. Congress, could, however, ban voter solicitation within a certain distance from a polling place, and might be able to include exit polling within such a ban.
Date: January 23, 2001
Creator: Cohen, Henry
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

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: 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: June 10, 2005
Creator: Archick, Kristin
Partner: UNT Libraries Government Documents Department

The European Union's Reform Process: The Lisbon Treaty

Description: In December 2007, leaders of the European Union (EU) signed the Lisbon Treaty, which seeks to reform the EU's governing institutions and decisionmaking processes to enable a larger EU to operate more effectively. This new treaty represents the latest stage in a reform process begun in 2002 and essentially replaces the proposed EU "constitution" that foundered after French and Dutch voters rejected it in referendums in 2005. In June 2008, Irish voters rejected the Lisbon Treaty, and have thrown its future into doubt. This report provides background information on EU reform efforts and possible implications for U.S.-EU relations that may be of interest in the second session of the 110th Congress.
Date: July 3, 2008
Creator: Archick, Kristin
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

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

Federal Farm Promotion ("Check-off") Programs

Description: The U.S. Supreme Court in 2005 affirmed the constitutionality of the so-called beef check-off program, one of the 18 generic promotion programs for agricultural products that are now active nationally. Supporters view check-offs as economically beneficial self-help activities that need minimal government involvement or taxpayer funding. Producers, handlers, and/or importers are required to pay an assessment, usually deducted from revenue at time of sale - thus the name check-off. However, some farmers contend they are being "taxed" for advertising and related activities they would not underwrite voluntarily. The Supreme Court's decision to uphold the beef check-off is considered significant for the future of the other programs, although the Court left open the possibility of additional challenges.
Date: October 20, 2008
Creator: Becker, Geoffrey S.
Partner: UNT Libraries Government Documents Department

Federal Gun Control Laws: The Second Amendment and Other Constitutional Issues

Description: 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.
Date: February 1, 1995
Creator: Schrader, Dorothy
Partner: UNT Libraries Government Documents Department

Federal Tort Reform Legislation: Constitutionality and Summaries of Selected Statutes

Description: This report considers the constitutionality of federal tort reform legislation, such as the products liability and medical malpractice reform proposals that have been introduced for the last several Congresses. Tort law at present is almost exclusively state law rather than federal law, although, as noted in the appendix to this report, Congress has enacted a number of tort reform statutes.
Date: July 7, 2008
Creator: Cohen, Henry & Burrows, Vanessa K.
Partner: UNT Libraries Government Documents Department

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

Description: 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.
Date: July 12, 2010
Creator: Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

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

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 Spending Clause.
Date: September 23, 2013
Creator: Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department