Congressional Research Service Reports - 123 Matching Results

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Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. In addition, the report discusses both non-constitutional and constitutionally based limitations on the power. Finally, the report includes a discussion of the significance of the House Judiciary Committee dispute with the White House over the dismissal of several U.S. Attorneys that resulted in votes for criminal contempt of Congress and the United States District Court opinion in Committee on the Judiciary v. Miers.
Date: May 8, 2012
Creator: Garvey, Todd & Dolan, Alissa M.
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: Law, History, Practice, and Procedure

Description: This report examines the source of the contempt power, reviews the historical development of the early case law, outlines the statutory and common law basis for Congress's contempt power, and analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas. The report also includes a detailed discussion of two recent information-access disputes that led to the approval of contempt citations in the House against then-White House Chief of Staff Joshua Bolten and former White House Counsel Harriet Miers, as well as Attorney General Eric Holder. Finally, the report discusses both non-constitutional and constitutionally-based limitations on the contempt power.
Date: August 17, 2012
Creator: Garvey, Todd
Partner: UNT Libraries Government Documents Department

Nominations to U.S. Circuit and District Courts by President Obama During the 111th and 112th Congresses

Description: Recent Senate debates in the 112th Congress over judicial nominations have focused on issues such as the relative degree of success of President Barack Obama's nominees in gaining Senate confirmation (compared with other recent Presidents) as well as the effect of delayed judicial appointments on judicial vacancy levels. The following report addresses these issues, and others, by providing a statistical overview of President Obama's nominees to U.S. circuit court of appeals and U.S. district court judgeships, current through May 31, 2012.
Date: June 1, 2012
Creator: McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

Military Justice: Courts-Martial, An Overview

Description: Recent high profile military-related cases involving U.S. armed forces in Afghanistan, including the deadly attack on Afghan civilians allegedly by a service member, the accidental burning of the Quran, and service members allegedly urinating on Afghan corpses, have resulted in increased public and congressional interest in military discipline and the military justice system. The Uniform Code of Military Justice (UCMJ) authorizes three types of courts-martial: (1) summary court-martial; (2) special court martial; and (3) general court-martial. Depending on the severity of the alleged offense, the accused's commanding officer enjoys great discretion with respect to the type of court-martial to convene. This report discusses the court martial procedure in further detail.
Date: March 14, 2012
Creator: Mason, Chuck R.
Partner: UNT Libraries Government Documents Department

Racial Profiling: Legal and Constitutional Issues

Description: Racial profiling is the practice of targeting individuals for police or security detention based on their race or ethnicity in the belief that certain minority groups are more likely to engage in unlawful behavior. Examples of racial profiling by law enforcement agencies suggest that minorities are disproportionately the subject of security-related practices. The issue has periodically attracted congressional interest and several courts have considered the constitutional ramifications of the practice as an "unreasonable search and seizure" under the Fourth Amendment and, more recently, as a denial of the Fourteenth Amendment's equal protection guarantee. A variety of federal and state statutes provide potential relief to individuals who claim that their rights are violated by race-based law enforcement practices and policies.
Date: April 16, 2012
Creator: Feder, Jody
Partner: UNT Libraries Government Documents Department

Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses

Description: This report first explores the potential uses of drones in the domestic sphere by federal, state, and local governments. It then surveys current Fourth Amendment jurisprudence, including cases surrounding privacy in the home, privacy in public spaces, location tracking, manned aerial surveillance, and those involving the national border. Next, it considers how existing jurisprudence may inform current and proposed drone uses. It then describes the various legislative measures introduced in the 113th Congress to address the legal and policy issues surrounding drones. Finally, it briefly identifies several alternative approaches that may constrain the potential scope of drone surveillance.
Date: September 6, 2012
Creator: Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department

Sugar Program: The Basics

Description: This report discusses the sugar program that provides a price guarantee to the processors of sugarcane and sugar beets, and in turn, to the producers of both crops.
Date: December 14, 2012
Creator: Jurenas, Remy
Partner: UNT Libraries Government Documents Department

The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress

Description: This report offers perspectives for Congress on the Article V Convention, opening with an overview of the provisions in Article V that established the convention procedure. The report further examines its origins at the Constitutional Convention of 1787; the history of the convention alternative, focusing on three major 20th century campaigns to convene a constitutional convention; and the role of the states in the Article V Convention process.
Date: October 22, 2012
Creator: Neale, Thomas H.
Partner: UNT Libraries Government Documents Department

Congress's Contempt Power and the Enforcement of Congressional Subpoenas: A Sketch

Description: This report examines the source of Congress's contempt power, analyzes the procedures associated with inherent contempt, criminal contempt, and the civil enforcement of subpoenas, and discusses the obstacles that face Congress in enforcing a contempt action against an executive branch official.
Date: August 14, 2012
Creator: Garvey, Todd & Dolan, Alissa M.
Partner: UNT Libraries Government Documents Department

Confirmation of U.S. Circuit and District Court Nominations in Presidential Election Years

Description: This report seeks to help inform the debate regarding how many U.S. circuit and district court nominations should be confirmed by year's end, and how late in the year the Senate should continue to confirm them. It includes analysis of the number and timing of circuit court and district court nominations confirmed by the Senate in presidential election years from 1980 to 2008, as well as a comparison of the processing of judicial nominations during these years, using various quantitative measures. It also relates the findings to the Senate's processing of judicial nominations in 2012, as of June 30.
Date: July 12, 2012
Creator: Rutkus, Denis Steven & McMillion, Barry J.
Partner: UNT Libraries Government Documents Department

DNA Testing in Criminal Justice: Background, Current Law, Grants, and Issues

Description: This report provides an overview of how DNA is used to investigate crimes and help protect the innocent. It also reviews current statutory law on collecting DNA samples, sharing DNA profiles generated from those samples, and providing access to post-conviction DNA testing. The report also includes a summary of grant programs authorized by Congress to assist state and local governments with reducing DNA backlogs, provide post-conviction DNA testing, and promote new technology in the field.
Date: December 6, 2012
Creator: James, Nathan
Partner: UNT Libraries Government Documents Department

Tribal Criminal Jurisdiction over Non-Indians in the Violence Against Women Act (VAWA) Reauthorization and the SAVE Native Women Act

Description: A report looking at incidences of violence against women of American Indian ethnicity in relation to legal jurisdiction. American Indians experience violent crimes at a rate much higher than the general population. This trend carries over to domestic violence: American Indian women experience domestic and dating violence at more than twice the rate of non-Indian women. Most of this violence involves an offender of a different race. This fact creates a jurisdictional problem because tribal courts do not have criminal jurisdiction over crimes committed within the tribe's jurisdiction by non-Indians.
Date: April 18, 2012
Creator: Smith, Jane M. & Thompson, Richard M., II
Partner: UNT Libraries Government Documents Department