Memoranda & Opinions |
Overview of
Document |
AUTHORITY TO USE UNITED STATES
MILITARY FORCES IN SOMALIA
presiden.8
|
The President,
in his constitutional role as Commander in Chief and
Chief Executive, might reasonably and lawfully determine
that it was justified to use United States Armed Forces
personnel to protect those engaged in relief work in
Somalia. His authority extended to using U.S. military
personnel to protect Somalians and other foreign nationals
in Somalia.
December 4, 1992 |
IMMIGRATION AND NATURALIZATION
SERVICE PARTICIPATION IN COMPUTER MATCHING PROGRAM WITH THE
DEPARTMENT OF EDUCATION
ins_doed.24
|
The Immigration
and Naturalization Service has legal authority to participate
in a computer matching program with the Department
in order to verify the immigration status of alien
applicants for federal student aid under Title IV of
the Higher Education Act of 1965
September 21, 1992 |
LEGAL AUTHORITY OF THE DEPARTMENT
OF THE TREASURY TO ISSUE REGULATIONS INDEXING CAPITAL GAINS
FOR INFLATION
archibal.23
|
The Department
of the Treasury does not have legal authority to index
capital gains for inflation by means of regulation.
September 1, 1992 |
WHETHER A STATE MAY ELECT ITS
UNITED STATES SENATORS FROM SINGLE-MEMBER DISTRICTS RATHER
THAN AT-LARGE
colored.22
|
Under the Seventeenh
Amendment to the Constitution, a State may not constitutionally
elect its United States Senators from two single-member
districts rather than at large.
August 20, 1992 |
ENFORCEMENT JURISDICTION OF THE
SPECIAL COUNSEL FOR IMMIGRATION RELATED UNFAIR EMPLOYMENT
PRACTICES
immigrat.21
|
Federal agencies are not
included in the phrase
"person or other entity" in the antidiscrimination provision
of the Immigration Reform and Contol Act, 8 U.S.C. § 1324b(a)(1).
Accordingly, the Special Counsel for Immigration Related
Unfair Employment Practices is without authority to bring
discrimination charges against federal agencies.
August 17, 1992 |
PROPOSED FEDERAL ABORTION LEGISLATION
kennedy.7
|
The proposed legislation
would enact a federal statutory regime of abortion
regulation that leaves the States with substantially
less regulatory authority than they have under Roe
v.Wade or Planned Parenthood v. Casey.
The proposed legislation would represent
a doubtful exercise of Congress' power to enforce
the Fourteenth Amendment and would rest on a questionable
link to Congress' power to regulate interstate commerce.
July 1, 1992 |
MARKETING LOANS FOR GRAINS AND
WHEAT
mkt_loan.20
|
The formulas in the Food,
Agriculture, Conservation, and Trade Act of 1990, under
which farmers repay loans from the Department of Agriculture,
contain a scrivener's error in the organization of
the subsections, and the provisions should be read
as if the error, which arose in the process of enrollment,
had not been made..
Under section 1302 of the Omnibus Budget
Reconciliation Act of 1990, marketing loan provisions
that previously had been discretionary would be
mandatory for the 1993 through 1995 crop years,
if an agricultural trade agreement under the Uruguay
Round Negotiations pursuant to the General Agreement
on Tariffs and Trade were not entered into by June
30, 1992, or if this agreement had not entered into
force for the United States by June 30, 1993.
June 3, 1992 |
CONGRESSIONAL PAY AMENDMENT
congress.17
|
The Congressional Pay Amendment,
which was originally proposed by Congress to the States
for ratification in 1789, and having been ratified
by three-fourths of the States, has been ratified pursuant
to Article V and is accordingly now part of the Constitution.
Under 1 U.S.C.
§ 106b, the Archivist was, upon receipt of formal
instruments of ratification from the requisite number
of States, required to publish the Congressional Pay Amendment
along with his certificate specifying that the Amendment
has become valid, to all intents and purposes, as part
of the Constitution.
May 13, 1992 |
FUNDING FOR THE CRITICAL TECHNOLOGIES
INSTITUTE
damus.16
|
The Department of Defense
may make funds available to the National Science Foundation
out of monies appropriated in the Department of Defense
Appropriations Act, 1991, to support the activities
of the Critical Technologies Institute during the 1992
fiscal year.
May 12, 1992 |
STATUTORY AUTHORITY TO CONTRACT
WITH PRIVATE SECTOR FOR SECURE FACILITIES
quinlan.15
|
The Federal
Bureau of Prisons has statutory authority to contract
with the private sector for secure facilities.
March 25, 1992 |
APPLICATION FOR 18 U.S.C. § 205
TO PROPOSED
"MASTER AMICI"
veterans.14
|
18 U.S.C. § 205
precludes attorneys in the executive branch from serving
as "master amici" in the Court of Veterans Appeals.
March 12, 1992 |
FOURTH AMENDMENT IMPLICATIONS OF
MILITARY USE OF FORWARD
LOOKING INFRARED RADARS TECHNOLOGY FOR CIVILIAN LAW ENFORCEMENT
radars92.13
|
Forward Looking Infrared
Radars (FLIR) reconnaissance of structures on private
lands does not constitute a search within the meaning
of the Fourth Amendment.
Department of Defense personnel engaged
in such surveillance would not be subject to liability
for damages in a constitutional tort action.
March 4, 1992 |
TRANSFERS OF FORFEITED PROPERTY
TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES
law.12
|
Section 981(e)(2) of title
18 does not prevent a state or local law enforcement
agency from retransferring to other state or local
government agencies property that has been transferred
from the federal government pursuant to that section.
However, the Attorney General has authority under section
981(e) to prevent such a further transfer by imposing
a contrary term of condition on the initial transfer
from the federal government.
Section 881(e) of title 21 does not
prevent a state or local law enforcement agency
from retransferring to other state or local government
agencies property that has been transferred from
the federal government pursuant to that section.
However, the Attorney General has authority under
section 881(e) to forbid a further transfer if he
determines that to do so would "serve to encourage
further cooperation between the recipient State
or local agency and Federal law enforcementagencies."
January 23, 1992 |
ISSUES RAISED BY PROVISIONS DIRECTING
ISSUANCE OF OFFICIAL OR DIPLOMATIC PASSPORTS
gray.11
|
Section 129(e) of Pub.L.
No.102-138 and section 503 of Pub.L.No. 102-140 are
unconstitutional to the extent that they purport to
limit the President's ability to issue more than one
official or diplomatic passport to United States government
personnel.
The single-passport requirements set
forth in section 129(e) and section 503 are severable
from the remainder of the statutes in which they
appear.
The President is constitutionally authorized to decline
to enforce the portions of section 129(e) and section
503 that purport to limit the issuance of official and
diplomatic passports
January 17, 1992
|
RECESS APPOINTMENTS DURING AN INTRASESSION
RECESS
schmitz.10
|
The President may make interim
recess appointments during an intrasession recess of
eighteen days.
January 14, 1992 |
