|1993-October-13||Immigration Consequences of Undocumented Aliens' Arrival in United States Territorial Waters|
Undocumented aliens interdicted within the twelve-mile zone that comprises the United States territorial sea are not entitled to a hearing under the exclusion provisions of the Immigration and Nationality Act (INA).
The Immigration and Naturalization Service had the authority to promulgate an interpretative rule construing the “territorial waters” of the United States, as referred to in section 287 of the INA, to extend for twelve nautical miles.
|1993-October-18||Liability of the United States for State and Local Taxes on Seized and Forfeited Property|
In civil forfeiture proceedings (under 21 U.S.C. § 881), the United States is obligated to pay liens for state and local taxes accruing after the commission of the offense leading to forfeiture and before the entry of a judicial order of forfeiture, if the lien-holder establishes, before the court enters the order of forfeiture, that it is an innocent owner of the interest it asserts.
In criminal forfeiture proceedings (under 18 U.S.C. § 1963 or 21 U.S.C. § 853), the United States may not pay such liens because state and local tax lien-holders are not bona fide purchasers for value of the interests they would assert, and therefore do not come within any applicable exception to a statute that, upon entry of a court's final order of forfeiture, vests full ownership retroactively in the United States as of the date of the offense.
|1993-October-28||Applicability of the Emoluments Clause to Non-Government Members of ACUS|
Non-government members of the Administrative Conference of the United States (ACUS) are prohibited by the Emoluments Clause from accepting, absent Congress's consent, a distribution from their partnerships that includes some proportionate share of the revenues generated from the partnership's foreign government clients.
Non-government members of ACUS are also generally forbidden, absent Congress's consent, from accepting payments from commercial entities owned or controlled by foreign governments.
|1993-October-29||Constitutionality of Health Care Reform|
The proposed Health Security Act is well within the authority of the Congress under the Commerce Clause, and it does not violate Tenth Amendment or other principles of federalism.
The proposal contains no unconstitutional takings of private property or infringement of liberty interests.
The proposed delegation of administrative authority to the National Health Board, and, from it, to state alliances, is not an impermissible delegation of legislative authority.
|1993-November-02||The Legal Significance of Presidential Signing Statements||Many Presidents have used signing statements to make substantive legal, constitutional, or administrative pronouncements on the bill being signed. Although the recent practice of issuing signing statements to create “legislative history” remains controversial, the other uses of Presidential signing statements generally serve legitimate and defensible purposes.|
|1993-November-10||Whether Missouri Municipalities May Tax the Portion of Federal Salaries Voluntarily Contributed to the Thrift Savings Plan||Intergovernmental tax immunity does not preclude municipalities in Missouri from levying an earnings tax on the voluntary contributions of federal employees to the Thrift Savings Plan. |
|1993-December-06||Constitutionality of Vesting Magistrate Judges With Jurisdiction Over Asset Forfeiture Cases||A statute vesting jurisdiction over asset forfeiture cases in magistrate judges would violate Article III of the Constitution.|
|1993-December-09||Applicability of Executive Order No. 12674 to Personnel of Regional Fishery Management Councils||The appointed members of Regional Fishery Management Councils established under the Magnuson Fishery Conservation and Management Act and other personnel of those Councils are not Executive Branch employees for purposes of Executive Order No. 12674 and its implementing regulations, and thus are not subject to that Order. |
|1993-December-09||Authority to Pay State and Local Taxes on Property After Entry of an Order of Forfeiture|
The Attorney General has discretionary authority to make payments of state and local tax claims against civilly forfeited property after a forfeiture order has issued, based on her equitable discretion to administer civilly forfeited property, under 21 U.S.C. § 881(b)-(e) and 28 U.S.C. § 524(c)(1).
The Attorney General has discretion to pay state and local tax claims against criminally forfeited property, under the authority in those statutes to “take any other action to protect the rights of innocent persons which is in the interests of justice.”
|1993-December-20||Clarification of Prior Opinion Regarding Borrowing by Bank Examiners|
18 U.S.C. § 213, which prohibits federal bank examiners from borrowing from Federal Reserve member banks or other entities subject to examination by them, does not prohibit such examiners from receiving loans or credit from affiliates of covered banks merely because such affiliates are under “common control” with the bank or because the covered bank and the affiliate have a common majority of corporate officers or directors.
An examiner would be prohibited from borrowing from such an affiliated entity, where the affiliate is serving as a conduit or “front” for the implementation of a loan that is actually extended due to the direction, instigation, or influence of the affiliated member bank or person connected therewith.