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Congress' Power to Legislate Control Over Hate Crimes: Selected Legal Theories

Description: Congress has no power under the commerce clause over “noneconomic, violent criminal conduct” that does not cross state lines said Chief Justice William Rehnquist in United States v. Morrison. Congress, however, enjoys additional legislative powers under the spending clauses and the legislative clauses of the Thirteenth and Fifteenth Amendments. Extensive, if something less than all encompassing, national legislation may be possible under the confluence of authority conveyed by the commerce clause, spending clause, and the legislative clauses of the constitution’s Reconstruction Amendments, provided the limitations of the First, Sixth and Tenth Amendments are observed.
Date: November 28, 2005
Creator: Wallace, Paul Starett, Jr.
Partner: UNT Libraries Government Documents Department

War Powers Resolution: Presidential Compliance

Description: This report discusses the debate over War Powers Resolution between Congress and the President. It provides information about recent developments, background, actions regarding several nations, and Congressional issues.
Date: February 3, 2011
Creator: Grimmett, Richard F.
Partner: UNT Libraries Government Documents Department

Election of the President and Vice President by Congress: Contingent Election

Description: The 12th Amendment to the Constitution requires that candidates for President and Vice President receive a majority of electoral votes (currently 270 or more of a total of 538) to be elected. If no candidate receives a majority, the President is elected by the House of Representatives, and the Vice President is elected by the Senate. This process is referred to as contingent election and is the topic of discussion in this report.
Date: August 16, 1999
Creator: Neale, Thomas H
Partner: UNT Libraries Government Documents Department

The War Powers Resolution: After Thirty-Eight Years

Description: This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually.
Date: September 24, 2012
Creator: Grimmett, Richard F.
Partner: UNT Libraries Government Documents Department

Impeachment: An Overview of Constitutional Provisions, Procedure, and Practice

Description: This report focuses on the American impeachment process, which places in the legislative branch the authority to remove the President, Vice President, and other federal civil officers in the executive and judicial branches upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. This report summarizes impeachment proceedings in the 111th Congress, examines relevant constitutional provisions, and provides a brief historical overview.
Date: November 22, 2010
Creator: Bazan, Elizabeth B.
Partner: UNT Libraries Government Documents Department

Veto Override Procedure in the House and Senate

Description: This report discusses the process by which Congress can work to override a presidential veto. A bill or joint resolution that has been vetoed by the President can become law if two-thirds of the Members voting in the House and the Senate each agree to pass it over the President's objection.
Date: February 25, 2015
Creator: Rybicki, Elizabeth
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

Congressional Authority Over the Federal Courts

Description: This report examines Congress' legislative authority with respect to the Judicial Branch. While Congress has broad power to regulate the structure, administration and jurisdiction of the courts, its powers are limited by precepts of due process, equal protection and separation of powers.
Date: May 16, 2005
Creator: Bazan, Elizabeth B.; Killian, Johnny H. & Thomas, Kenneth R.
Partner: UNT Libraries Government Documents Department

Jrisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case?

Description: This report discusses the Supreme Court case of "Patchak v. Zinke" and its relevance to Congress. It begins by briefly describing the Court's prior attempts to demarcate the boundaries of Congress's power to take cases away from the federal judiciary. It then discusses the facts and opinions in Patchak and analyzes the effect Patchak may have on Congress's legislative objectives.
Date: March 15, 2018
Creator: Lewis, Kevin M.
Partner: UNT Libraries Government Documents Department

The Congressional Review Act: Determining Which "Rules" Must Be Submitted to Congress

Description: This report describes what types of agency actions can be overturned using the Congressional Review Act (CRA) by providing a close examination and discussion of the statutory definition of "rule." It also explains how Members can use the CRA to overturn agency rules that have not been submitted to Congress.
Date: July 5, 2018
Creator: Brannon, Valerie C. & Carey, Maeve P.
Partner: UNT Libraries Government Documents Department

The Congressional Review Act: Determining Which "Rules" Must Be Submitted to Congress

Description: This report describes what types of agency actions can be overturned using the Congressional Review Act (CRA) by providing a close examination and discussion of the statutory definition of a "rule." It also explains how Members can use the CRA to overturn agency rules that have not been submitted to Congress.
Date: September 24, 2018
Creator: Brannon, Valerie C. & Carey, Maeve P.
Partner: UNT Libraries Government Documents Department

Federalism-Based Limitations on Congressional Power: An Overview

Description: This report provides a broad overview of the various legal doctrines that inform the boundaries of Congress's authority vis-à-vis the states under the Constitution. It addresses several general principles, discusses "internal" limitations on Congress's exercise of powers, and concludes by outlining several "external" federalism-based limitations on Congress's powers, such as the anti-commandeering, anti-coercion, state sovereign immunity, and equal sovereignty doctrines.
Date: September 27, 2018
Creator: Nolan, Andrew; Freeman, Wilson C.; Lewis, Kevin M.; Hickey, Kevin J. & Sykes, Jay B.
Partner: UNT Libraries Government Documents Department

The Presidential Veto and Congressional Procedure

Description: This report provides a brief overview of procedures involved in vetoing a bill and the ways Congress can respond to a presidential veto. Presidential vetoes are a rejection of legislation approved by majorities in both houses of Congress. Vetoes and congressional efforts to override them are often the reason for, or a reflection of, conflict between Congress and the President. The threat of a presidential veto can prompt the modification of bills moving through the legislative process. Tabular data are provided on the number of presidential vetoes exercised by each President from George Washington to William Clinton.
Date: February 27, 2004
Creator: Sollenberger, Mitchel A.
Partner: UNT Libraries Government Documents Department

Congressional Overrides of Presidential Vetoes

Description: This report discusses Congress' power to override presidential vetoes. The President's veto authority is among his most significant tools in legislative dealings with Congress. It is effective not only in preventing the passage of legislation undesirable to the President, but also as a threat, sometimes forcing Congress to modify legislation before it is presented to the President.
Date: April 7, 2004
Creator: Sollenberger, Mitchel A.
Partner: UNT Libraries Government Documents Department

Agency Final Rules Submitted After May 16, 2016, May Be Subject to Disapproval in 2017 Under the Congressional Review Act

Description: This report briefly discusses The Congressional Review Act (5 U.S.C. §§801-808), enacted as part of the 104th Congress's (1995-1996) "Contract with America," which established a special parliamentary mechanism whereby Congress can disapprove a final rule promulgated by a federal agency. With a change in the occupancy of the White House taking place in 2017, some in Congress are paying renewed attention to a parliamentary mechanism that might enable a new Congress and new President to overturn agency final rules of the Obama Administration issued after mid-May 2016.
Date: February 4, 2016
Creator: Davis, Christopher M. & Beth, Richard S.
Partner: UNT Libraries Government Documents Department

Defense Primer: A Guide for New Members

Description: This report describes the power of the Congress over the armed forces, including the power to "to raise and support Armies," "to provide and maintain a Navy," "to make Rules for the Government and Regulation of the land and naval Forces" and "to provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States.... "
Date: February 6, 2017
Creator: Kapp, Lawrence
Partner: UNT Libraries Government Documents Department

Allocations and Subdivisions in the Congressional Budget Process

Description: The annual budget resolution sets forth total spending and revenue levels for at least five fiscal years. The spending amounts are allocated, or “crosswalked,” to the House and Senate committees having jurisdiction over discretionary spending (the Appropriations Committees) and direct spending (the legislative committees). This report very briefly discusses the allocations and subdivisions portions of the congressional budget process.
Date: August 29, 2003
Creator: Heniff, Bill, Jr.
Partner: UNT Libraries Government Documents Department

Defense Primer: A Guide for New Members

Description: This report describes the power of the Congress over the armed forces, including the power to "to raise and support Armies," "to provide and maintain a Navy," "to make Rules for the Government and Regulation of the land and naval Forces" and "to provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States...", as well as references to other reports on related topics.
Date: March 3, 2017
Creator: Kapp, Lawrence
Partner: UNT Libraries Government Documents Department

Memorandum: Legislation Limiting the President's Power to Use Nuclear Weapons: Separation of Powers Implications

Description: This report examines the constitutional separation of powers principles implicated by legislative proposals that restrict the President's authority to launch nuclear weapons. recent legislation regarding restricting the President's power to use nuclear weapons and historical and legal analysis of the separation of powers principle and its relation to the matter is discussed.
Date: November 3, 2017
Creator: Mulligan, Stephen P.
Partner: UNT Libraries Government Documents Department

Congressional Overrides of Presidential Vetoes

Description: The President’s veto is effective not only in preventing the passage of legislation undesirable to the President, but also as a threat, sometimes forcing Congress to modify legislation before it is presented to the President. However, as a veto threat is carried out, Congress is faced with choices: letting the veto stand, the difficult task of overriding the veto, meeting the President’s objections and sending a new bill forward, or resubmitting the same provisions under a new bill number.
Date: January 29, 2001
Creator: Galemore, Gary L
Partner: UNT Libraries Government Documents Department