Memoranda & Opinions |
Overview of Document |
AUTHORITY TO USE UNITED STATES MILITARY FORCES
IN SOMALIA
presiden.8
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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
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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
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The Department of the Treasury does not
have legal authority to index capital gains for inflation by means of regulation.
September 1, 1992 |
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WHETHER A STATE MAY ELECT ITS UNITED STATES SENATORS FROM SINGLE-MEMBER
DISTRICTS RATHER THAN AT-LARGE
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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RECESS APPOINTMENTS DURING AN INTRASESSION
RECESS
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The President may make interim recess appointments
during an intrasession recess of eighteen days. January
14, 1992 |
