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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

Bills of Attainder: The Constitutional Implications of Congress Legislating Narrowly

Description: This report discusses congressional bills of attainder, defined by the Supreme Court as "law[s] that legislatively determine guilt and inflict punishment upon an identifiable individual without provision of the protections of a judicial trial." The report specifically examines the two main criteria courts use to determine whether legislation is a bill of attainder: specificity and punishment.
Date: August 26, 2014
Creator: Thomas, Kenneth R.
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

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

Authority of State Legislatures to Accept Funds Under the American Recovery and Reinvestment Act of 2009

Description: This report analyzes the language contained in § 1607 of the American Recovery and Reinvestment Act of 2009 (Recovery Act),1 which provides that federal funds can be made available to a state by the federal government either after certification by a governor that such money will be requested and spent or after the adoption of a concurrent resolution by a state legislature. This report evaluates the authority of state legislatures to, by concurrent resolution, provide for the acceptance of federal funds.
Date: March 25, 2009
Creator: Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

Assisted Suicide and the Controlled Substances Act: Legal Issues Associated with the Proposed Pain Relief Promotion Act

Description: The Pain Relief Promotion Act, as proposed in the 106th Congress, provided that the Attorney General, in determining whether the registration of a doctor for the administration of controlled substances is in the public interest, should give no force and effect to state law authorizing or permitting assisted suicide or euthanasia. This language would appear to have been designed to abrogate the legal reasoning set forth by the Attorney General in a press release regarding the application of the Controlled Substances Act to acts of physician-assisted suicide. It would not, however, appear to have required the Attorney General to revoke such registrations; nor would it have criminalized assisted suicide or euthanasia. This report will be updated as congressional action warrants.
Date: January 12, 2001
Creator: Thomas, Kenneth R
Partner: UNT Libraries Government Documents Department

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

Congressional Authority to Standardize National Election Procedures

Description: Recent events surrounding the Presidential election have led to increased scrutiny of voting procedures in the United States. This report focuses on the constitutional authority and limitations that might be relevant to attempts by Congress to standardize these and other procedures.
Date: November 27, 2000
Creator: Thomas, Kenneth R
Partner: UNT Libraries Government Documents Department

Congressional Authority to Standardize National Election Procedures

Description: Recent events surrounding the Presidential election have led to increased scrutiny of voting procedures in the United States. This report focuses on the constitutional authority and limitations that might be relevant to attempts by Congress to standardize these and other procedures.
Date: March 29, 2001
Creator: Thomas, Kenneth R
Partner: UNT Libraries Government Documents Department

Congressional Authority to Standardize National Election Procedures

Description: Recent events surrounding the Presidential election have led to increased scrutiny of voting procedures in the United States. This report focuses on the constitutional authority and limitations that might be relevant to attempts by Congress to standardize these and other procedures.
Date: February 14, 2003
Creator: Thomas, Kenneth R
Partner: UNT Libraries Government Documents Department

Executive Branch Power to Postpone Elections

Description: Because of the continuing threat of terrorism, concerns have been raised about the potential for terrorist events to occur close to or during the voting process for the November 2004 elections. For instance, the question has been raised as to whether a sufficiently calamitous event could result in the postponement of the election, and what mechanisms are in place to deal with such an event. This report focuses on who has the constitutional authority to postpone elections, to whom such power could be delegated, and what legal limitations exist to such a postponement.
Date: July 14, 2004
Creator: Thomas, Kenneth R
Partner: UNT Libraries Government Documents Department

From Solicitor General to Supreme Court Nominee: Responsibilities, History, and the Nomination of Elena Kagan

Description: This report examines both the office of the Solicitor General and the Justices who held that position before their elevation to the Court. After examining the office of the Solicitor General and its success before the Court, the report describes the professional careers of the four Justices who served as Solicitor General before joining the Court: William Howard Taft, Stanley Reed, Robert Jackson, and Thurgood Marshall. The final section of the report examines the career of Elena Kagan, noting in particular her service as Solicitor General.
Date: June 23, 2010
Creator: Navarro Smelcer, Susan & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

Judge Sonia Sotomayor: Analysis of Selected Opinions

Description: This report provides an analysis of selected opinions authored by Judge Sotomayor during her tenure as a judge on the Second Circuit. Discussions of the selected opinions are grouped according to various topics of legal significance.
Date: June 19, 2009
Creator: Henning, Anna C. & Thomas, Kenneth R.
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