Posts tagged ‘constitution’

New Government Report: Origination Clause of the U.S. Constitution

Origination Clause of the U.S. Constitution: Interpretation and Enforcement

by James V. Saturno
Paperback, 17 pages, 2011, $20.00
ISBN: 1437984185

Article I, Section 7, clause 1 of the U.S. Constitution is known as the Origination Clause (OC) because it provides that “All Bills for raising Revenue shall originate in the House of Representative.” The meaning and application of this OC has evolved through practice and precedent since the Constitution was drafted. The Constitution does not provide guidelines as to what constitutes a “bill for raising revenue.” This report analyzes congressional and court precedents regarding what constitutes such a bill. Contents: (1) Intro.; (2) The Constitutional Convention and the OC; (3) Interpreting the OC, and Enforcing the OC: House of Rep.; Senate; Supreme Court; (4) Other Legislation and the OC; Appropriation Legislation; Debt Limit Legislation. A print on demand report.

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May 31, 2011 at 11:48 am Leave a comment

New Government Report: Protecting Classified Information (CI) and the Rights of Criminal Defendants

Protecting Classified Information (CI) and the Rights of Criminal Defendants: The Classified Information Procedures Act

by Edward Liu, Todd Garvey
Paperback, 11 pages, 2011, $10.00
ISBN: 1437984312

A criminal prosecution involving CI may cause tension between the government’s interest in protecting CI and the criminal defendant’s right to a constitutionally valid trial. In some cases, a defendant may threaten to disclose CI in an effort to gain leverage. Concerns about this practice, referred to as “graymail,” led Congress to enact the Classified Info. Procedures Act (CIPA) to provide uniform procedures for prosecutions involving CI. Contents of this report: Background; The CIPA: Pretrial Conferences, Required Notice, and Appeals; Protective Orders and Security Clearances; Discovery: Brady and Jencks Material; Depositions; Admissibility of CI: Substitutions; Confrontation Clause and the Silent Witness Rule. A print on demand report.

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May 3, 2011 at 8:16 am Leave a comment

New Government Report: Constitutionality of Excluding Aliens from the Census

Constitutionality of Excluding Aliens from the Census for Apportionment and Redistricting Purposes
by Margaret Mikyung Lee
Paperback, 14 pages, 2010, $10.00
ISBN: 143793014x

“In the 2010 decennial census, the Census Bureau will attempt to count the total population of the U.S. This includes, as in previous censuses, all U.S. citizens, lawful aliens, and unauthorized aliens. Some have suggested excluding illegal aliens from the census count, in part so that they would not be included in the data used to apportion House seats among the states and determine voting districts within them. The Constitution requires a decennial census to determine the “actual enumeration” of the “whole number of persons” in the U.S. Contents of this report: (1) Intro.; (2) Constitutional Analysis: Data for Apportionment Purposes; Data Used for Intrastate Redistricting; (3) Conclusion; (4) Selected Legislation to Exclude Aliens from the Census. Illus.”

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October 5, 2010 at 9:39 am Leave a comment

New Government Report: Federal Judge’s Decision to Strike Down California’s Voter-Approved Ban on Same-Sex Marriage (Proposition 8)

Federal Judge’s Decision to Strike Down California’s Voter-Approved Ban on Same-Sex Marriage [Proposition 8]
by Vaughn R. Walker
Paperback, 136 pages, 2010, $25.00
ISBN: 9781437937510

The plaintiffs in this case are two same-sex couples who challenge a November 2008 voter-enacted amendment to the California Constitution (Proposition 8 (P8)). P8 provides: “Only marriage between a man and a woman is valid or recognized in California.”

Plaintiffs allege that P8 deprives them of due process and of equal protection of the laws contrary to the 14th Amend. Judge Walker concludes that: “Plaintiffs have demonstrated that P8 violates their due process and equal protection rights and that they will continue to suffer these violations until state officials cease enforcement of P8.”

Contents of this decision: Background to P8; Procedural History; Case against P8; Defense of P8; Trial Proceed. and Summary of Testimony; Witnesses; Equal Protection; Conclusion.

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August 19, 2010 at 8:00 am Leave a comment

New Government Report: Border Searches of Laptop Computer and Other Electronic Devices

Border Searches of Laptop Computer and Other Electronic Devices
by Yule Kim
Paperback, 13 pages, 2010, $10.00
ISBN: 9781437937541

The 4th Amendment of the U.S. Constitution requires government-conducted searches and seizures to be supported by probable cause and a warrant.

Federal courts have recognized that there are many exceptions to these requirements, one of which is the border search exception, which permits government officials to conduct “routine” searches based on no suspicion of wrongdoing.

On the other hand, when warrantless border searches are particularly invasive, and thus “non-routine,” they are permissible only when customs officials have, at a minimum, a “reasonable suspicion” of wrongdoing.

Contents of this report: Border Search Exception; Judicial Developments on Laptop Searches; Federal Policies on Border Laptop Searches; Conclusion; Legislative Proposals.

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August 17, 2010 at 6:00 am Leave a comment

New Government Report: Supreme Court Nominee Elena Kagan: Presidential Authority and the Separation of Powers (ISBN: 9781437935226)

Supreme Court Nominee Elena Kagan: Presidential Authority and the Separation of Powers (ISBN: 9781437935226)
By Todd B. Tatelman
(Paperback, 20 pages, 2010, $15)

In light of Elena Kagan’s nomination to serve as an Associate Justice of the U.S. Supreme Court, this report analyzes then-Prof. Kagan’s views of executive power and the doctrine of separation of powers as laid out in her 2001 Harvard Law Review article “Presidential Administration.”

Contents: (1) Constitutional and Legal Basis for Executive Authority: Constitutional Text; Decisions of the U.S. Supreme Court: Youngstown Sheet and Tube v. Sawyer; Appointment and Removal Cases; (2) Theories of Executive Power: The “Traditional” View; The “Unitary Theory of the Executive”; (3) Presidential Administration: Responses to Traditionalist Arguments, and the “Unitary Theory of the Executive”; (4) Presidential Administration and Administrative Law; (5) Presidential Admin., Foreign Affairs, and National Security.

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June 29, 2010 at 6:00 am Leave a comment

New Government Reports: Compulsory DNA Collection, Deforestation and Climate Change, Exon-Florio National Security Trust, Military and Civilian Pay Comparisons, Supreme Court Appointment Process

New government reports this week:

1) Compulsory DNA Collection: A Fourth Amendment Analysis
by Anna C. Henning (Paperback, 15 pages, $10)

Relying on different legal standards, courts have historically upheld laws authorizing law enforcement’s compulsory collection of deoxyribonucleic acid (DNA) as reasonable under the Fourth Amendment to the U.S. Constitution. However, prior cases reviewed the extraction of DNA samples from people who had been convicted on criminal charges. New state and federal laws authorize the collection of such samples from people who have been arrested or detained but
not convicted.

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2) Deforestation and Climate Change
by Ross W. Gorte and Pervaze A. Sheikh (Paperback, 41 pages, $20)

Contents: (I) Congressional Interest; (II) Forests and Climate, Forest Cover, Linkages Between Forests and Climate, Soil Impacts, Wood Utilization/Wood Waste, Burning (III) Boreal Forests (IV) Temperate Forests (V) Tropical Forests in Latin America, including Amazonia; Tropical Africa; Southeast Asia; Climate Consequences of Tropical Deforestation; (VI) Reducing Deforestation: Tree Planting, Market Solutions; Forest Carbon Markets; Markets for Ecosystem Services and Non-Timber Forest Products; Certified Sustainable Forestry; Governance Issues; (VII) Forest and Deforestation Data Issues. Figures and tables.

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3) Exon-Florio National Security Test for Foreign Investment
by James K. Jackson (Paperback, 20 pages, $15)

The Exon-Florio provision grants the President the authority to block proposed or pending foreign acquisitions of “persons engaged in interstate commerce in the U.S.” that threaten to impair the national security.

This provision came under intense scrutiny with the
proposed acquisitions in 2006 of major operations in 6 major U.S. ports by Dubai Ports World and of Unocal by the China National Offshore Oil Corporation (CNOOC).

The debate that followed reignited long-standing differences among Members of Congress and between the Congress and the administration over the role foreign acquisitions play in U.S. national security.

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4) Military Personnel: Military and Civilian Pay Comparisons Present Challenges and Are One of Many Tools in Assessing Compensation
by Brenda S. Farrell (Paperback, 54 pages, $20)

The Department of Defense’s (DOD) military compensation package, which is myriad pays and benefits, is an important tool to attract and retain the number and quality of active duty servicemembers it needs to fulfill its mission. Compensation can be appropriate and adequate to attract and retain servicemembers when it is competitive with civilian
compensation. However, comparisons between military and civilian compensation present both limitations and challenges.

This study compared pay and benefits provided by law to members of the Armed Forces with that of comparably situated private-sector employees to assess how the differences in pay and benefits affect recruiting and retention of members of the Armed Forces. Tables and figures.

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5) Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate
by Denis Stevens Rutkus (Paperback, 60 pages, $25)

Supreme Court Justice John Paul Stevens recently announced that he will be retiring. How will President Obama select a new Justice? Read more in this report.

Contents: (I) Background; (II) President’s Selection of a Nominee (III) Consideration by the Senate Judiciary Committee: Historical Background (IV) Senate Debate and Confirmation Vote; Bringing the Nomination to the Floor; Criteria Used to Evaluate Nominees; Filibusters and Motions to End Debate; Voice Votes, Roll Calls, and Vote Margins; Reconsideration of the Confirmation Vote; Nominations That Failed to Be Confirmed; Calling Upon the Judiciary Committee to Further Examine the Nomination; After Senate Confirmation; (V) Conclusion; (VI) Additional Sources. Tables.

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April 9, 2010 at 12:15 am Leave a comment


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