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Limiting Court Jurisdiction Over Federal Constitutional Issues: “Court-Stripping”

Description: This report discusses various proposals that have been made to limit the jurisdiction of federal courts to hear cases regarding particular areas of constitutional law such as busing, abortion, prayer in school, and most recently, reciting the Pledge of Allegiance. Proposals of this type are often referred to as “court-stripping” legislation.
Date: December 11, 2003
Creator: Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

Dude, Where's My Jurisdiction? Congressional Efforts to Strip Federal Courts of Jurisdiction

Description: This report discusses Congress' right to strip federal courts of jurisdiction at any time including during litigation. It specifically discusses the case of "Patchak v. Jewell" concerning the Department of Interior's right to hold land in trust for a Native American tribe which led to Congress using their right to strip courts of jurisdiction to end the case.
Date: August 17, 2016
Creator: Library of Congress. Congressional Research Service.
Partner: UNT Libraries Government Documents Department

Congressional Intervention in the Administrative Process: Legal and Ethical Considerations

Description: This report briefly examines the currently applicable legal and ethical considerations and standards that mark the limits of interventions by Members of Congress. It reviews the judicial development and application of standards for determining whether congressional pressure or influence will be deemed to have tainted an agency proceeding. It concludes that the courts, in balancing Congress's performance of its constitutional and statutory obligations to oversee the actions of agency officials against the rights of parties before agencies, have shown a decided predilection for protecting the congressional prerogatives.
Date: September 25, 2003
Creator: Rosenberg, Morton & Maskell, Jack H.
Partner: UNT Libraries Government Documents Department

"Marbury v. Madison Returns"! The Supreme Court Considers the Scope of "Judicial Power"

Description: This report provides background on "Marbury v. Madison" and the upcoming case of Dalmazzi v. United States" which challenges the jurisdiction of the Supreme Court over the Court of Appeals for the Armed Forces (CAAF) and concludes by exploring the potential ramifications of the jurisdictional question "Dalmazzi" poses.
Date: January 16, 2018
Creator: Freeman, Wilson C.
Partner: UNT Libraries Government Documents Department

Federalism Jurisprudence: The Opinions of Justice O'Connor

Description: This report examines the opinions of Justice O'Connor related to limits on federal power. In majority opinions regarding the Tenth Amendment, sovereign immunity, and the power of Congress under the 14th Amendment, she has emphasized the dictates of the Founding Fathers and noted the policies underlying federalism such as the promotion of state accountability.
Date: July 19, 2005
Creator: Thomas, Kenneth R. & Tatelman, Todd B.
Partner: UNT Libraries Government Documents Department

Abortion: Justice O'Connor's Opinions

Description: This report examines Justice O'Connor's notable opinions on abortion, and explores her role in the development of the undue burden standard, adopted in 1992. Under the new standard, a reviewing court would consider whether an abortion restriction has the effect of imposing an "undue burden" on a woman's right to obtain an abortion.
Date: July 15, 2005
Creator: Shimabukuro, Jon O.
Partner: UNT Libraries Government Documents Department

Congress's Power Over Courts: Jurisdiction Stripping and the Rule of "Klein"

Description: This report highlights a series of Supreme Court rulings that have examined separation-of-powers-based limitations on the Exceptions Clause, congressional jurisdiction stripping, and the ability of Congress to amend laws with the purpose of directly impacting litigation. The Court's jurisprudence largely begins with the Reconstruction-era case "United States v. Klein", and leads to "Patchak v. Zinke", which is scheduled for oral argument before the Supreme Court in November 2017.
Date: September 26, 2017
Creator: Peck, Sarah Herman
Partner: UNT Libraries Government Documents Department

Clean Water Rule Comment Compendium

Description: A report by the Environmental Protection Agency in which the organization answers questions pertaining to the Clean Water Rule with a specific focus on implementation issues.
Date: unknown
Creator: United States. Environmental Protection Agency.
Partner: UNT Libraries Government Documents Department

Clean Water Rule Comment Compendium

Description: A report by the Environmental Protection Agency in which the organization answers questions pertaining to the Clean Water Rule with a specific focus on features and water jurisdiction.
Date: unknown
Creator: United States. Environmental Protection Agency.
Partner: UNT Libraries Government Documents Department

Clean Water Rule Response to Comments

Description: A report by the Environmental Protection Agency in which the organization answers questions pertaining to the Clean Water Rule with a specific focus on the miscellaneous.
Date: unknown
Creator: United States. Environmental Protection Agency.
Partner: UNT Libraries Government Documents Department

The Constitutionality of the Withdrawal of All Federal Court Jurisdiction Over Questions Involving State-Sponsored Prayer in Public Schools and Public Buildings

Description: This report discusses several court decisions regarding the constitutionality of the withdrawal of all Federal Court Jurisdiction over questions involving state-sponsored prayer in Public Schools and Public Buildings.
Date: April 27, 1979
Creator: Ackerman, David M.
Partner: UNT Libraries Government Documents Department

Committee Controls of Agency Decisions

Description: Congress has a long history of subjecting certain types of executive agency decisions to committee control, either by committees or subcommittees. Especially with the beginning of World War II, the executive branch agreed to committee controls as an accommodation that allowed Congress to delegate authority and funds broadly while using committees to monitor the use of that discretionary authority. These committee-agency arrangements took the form of different procedures: simply notifying the committee, obtaining committee approval, "coming into agreement" understandings, and using the congressional distinction between authorization and appropriation to exercise committee controls. This report explains how and why committee vetoes originated, the constitutional objections raised by the executive branch, the Court’s decision in Chadha, and the continuation of committee review procedures since that time.
Date: November 16, 2005
Creator: Fisher, Louis
Partner: UNT Libraries Government Documents Department

The Jurisprudence of Justice John Paul Stevens: Selected Federalism Issues

Description: During Justice John Paul Stevens's tenure on the Supreme Court, the Court has continued to develop its jurisprudence on these constitutional provisions in resolving tension between federal versus state authority. Justice Stevens himself has written notable opinions on a range of federalism issues.
Date: May 19, 2010
Creator: Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

The Jurisprudence of Justice John Paul Stevens: The Constitutionality of Congressional Term Limits and the Presidential Line Item Veto

Description: While the Supreme Court seems unlikely to address the constitutionality of term limits or the line-item veto in the future, Justice Stevens's conclusion that the absence of constitutional provisions expressly authorizing the exercise of certain powers constitutes a denial of these powers seems likely to influence the Court in the future, particularly in cases involving what Justice Kennedy and others have characterized as "horizontal" or "vertical" separation of powers.
Date: May 18, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department

Federal Labor Relations Statutes: An Overview

Description: This report provides a brief history and overview of the aims of these statutes: the Railway Labor Act (RLA) enacted in 1926, the National Labor Relations Act (NLRA), and the Federal Service Labor-Management Relations Statute (FSLMRS). It also discusses key provisions for each statute.
Date: February 14, 2014
Creator: Hegji, Alexandra
Partner: UNT Libraries Government Documents Department