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Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but 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: February 4, 2000
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: 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.
Date: November 3, 2004
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: 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.
Date: September 3, 2004
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but 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: September 12, 2002
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but 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: January 25, 2002
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but 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: July 10, 2002
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because these generally unregulated funds are perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). Generally, soft money is funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but 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: December 19, 2002
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because such funds are generally unregulated and perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). More specifically, soft money is considered to be funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but 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: March 14, 2002
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: 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. The general intent of BCRA, (effective November 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.
Date: January 10, 2005
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Campaign Finance: Constitutional and Legal Issues of Soft Money

Description: Soft money is a major issue in the campaign finance reform debate because such funds are generally unregulated and perceived as resulting from a loophole in the Federal Election Campaign Act (FECA). More specifically, soft money is considered to be funds that are raised and spent according to applicable state laws, which FECA prohibits from being spent directly on federal elections, but 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: January 30, 2003
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Fifth Amendment Privilege Against SelfIncrimination May Not Be Extended in Cases Where Only a Foreign Prosecution Is Possible

Description: Several courts in the various circuits have considered whether the Fifth Amendment privilege against self-incrimination applies to fear of incrimination in foreign countries, and they have come to divergent conclusions. The United States Supreme Court granted certiorari in United States v. Balsys, and on June 25, 1998, decided that a witness may not invoke the Fifth Amendment privilege against self-incrimination in which only a foreign prosecution is possible. This report provides background on United States v. Balsys and examines the court's opinion.
Date: July 16, 1998
Creator: Wallace, Paul S., Jr.
Item Type: Report
Partner: UNT Libraries Government Documents Department

Statutory Interpretation: General Principles and Recent Trends

Description: The Supreme Court has expressed an interest "that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts." This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court's methodology in construing statutory text, the Court's approach to reliance on legislative history are also briefly described.
Date: August 31, 2008
Creator: Kim, Yule
Item Type: Report
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
Item Type: Report
Partner: UNT Libraries Government Documents Department

Constitutionality of a Senate Filibuster of a Judicial Nomination

Description: This report provides an overview of the major issues which have been raised recently in the Senate regarding the Judicial Nominations, Filibusters, and the Constitution: When a Majority Is Denied Its Right to Consent and in the press concerning the constitutionality of a Senate filibuster (i.e., extended debate) of a judicial nomination.
Date: December 6, 2004
Creator: Shampansky, Jay R
Item Type: Report
Partner: UNT Libraries Government Documents Department

Constitutionality of a Senate Filibuster of a Judicial Nomination

Description: This report provides an overview of the major issues which have been raised recently in the Senate regarding the Judicial Nominations, Filibusters, and the Constitution: When a Majority Is Denied Its Right to Consent and in the press concerning the constitutionality of a Senate filibuster (i.e., extended debate) of a judicial nomination.
Date: October 3, 2003
Creator: Shampansky, Jay R
Item Type: Report
Partner: UNT Libraries Government Documents Department

The Constitutionality of Requiring Photo Identification for Voting: An Analysis of Crawford v. Marion County Election Board

Description: In a splintered decision issued in April 2008, the Supreme Court upheld an Indiana statute requiring identification for voting, determining that lower courts had correctly decided that the evidence in the record was insufficient to support a facial attack on the constitutionality of the law. Written by Justice Stevens, the lead opinion in Crawford v. Marion County Election Board finds that the law imposes only "a limited burden on voters' rights," which is justified by state interests.
Date: May 19, 2008
Creator: Whitaker, L. Paige
Item Type: Report
Partner: UNT Libraries Government Documents Department

Constitutionality of Requiring Sexually Explicit Material on the Internet to be Under a Separate Domain Name

Description: It is unclear whether making a “.xxx” domain mandatory would violate the First Amendment. Some propose making use of a “.xxx” domain voluntary, but others propose that Congress make it mandatory. The latter proposal raises the question whether a mandatory separate domain would violate the First Amendment, and this report focuses on that question.
Date: January 3, 2006
Creator: Cohen, Henry
Item Type: Report
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
Item Type: Report
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
Item Type: Report
Partner: UNT Libraries Government Documents Department

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.
Item Type: Report
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
Item Type: Report
Partner: UNT Libraries Government Documents Department

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 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.
Date: January 22, 2001
Creator: Luckey, John R.
Item Type: Report
Partner: UNT Libraries Government Documents Department

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.
Item Type: Report
Partner: UNT Libraries Government Documents Department