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Can Home Rule in the District of Columbia Survive the Chadha Decision?
Catholic University Law Review Volume 33 Issue 4 Summer 1984 Article 2 1984 Can Home Rule in the District of Columbia Survive the Chadha Decision? Bruce Comly French Follow this and additional works at: https://scholarship.law.edu/lawreview Recommended Citation Bruce C. French, Can Home Rule in the District of Columbia Survive the Chadha Decision?, 33 Cath. U. L. Rev. 811 (1984). Available at: https://scholarship.law.edu/lawreview/vol33/iss4/2 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. CAN HOME RULE IN THE DISTRICT OF COLUMBIA SURVIVE THE CHADHA DECISION? Bruce Comly French* More than a decade has passed since the enactment of the District of Columbia Self-Government and Governmental Reorganization Act (Home Rule Act).' In this Act, the Congress delegated much of its con- stitutional authority affecting the District of Columbia2 to an elected * Associate Professor of Law, Claude W. Pettit College of Law, Ohio Northern Uni- versity. Lecturer, Columbus School of Law, Catholic University of America. B.A., The American University, 1969; M.A., The American University, 1970; J.D., Antioch College School of Law, 1975. The author was Legislative Counsel to the Council of the District of Columbia (1979-1983) and Staff Director and Counsel to the Committee on Government Operations, Council of the District of Columbia (1975-1978). The author recognizes and appreciates the assistance of M. -
Organic Act Establishing the Territory of New Mexico
Organic Act Establishing the Territory of New Mexico (Act of September 9, 1850, 9 Statutes at Large 446, Chapter 49) Sec. 1. Propositions offered state of Texas; boundaries; relinquishment of territorial and other claims The following propositions shall be, and the same hereby are, offered to the state of Texas, which, when agreed to by the said state, in an act passed by the general assembly, shall be binding and obligatory upon the United States, and upon the said state of Texas: provided, the said agreement by the said general assembly shall be given on or before the first day of December, eighteen hundred and fifty: A. the state of Texas will agree that her boundary on the north shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees thirty minutes north latitude, and shall run from said point due west to the meridian of one hundred and three degrees west from Greenwich; thence her boundary shall run due south to the thirty-second degree of north latitude; thence on the said parallel of thirty-two degrees of north latitude to the Rio Bravo del Norte, and thence with the channel of said river to the gulf of Mexico. B. the state of Texas cedes to the United States all her claim to territory exterior to the limits and boundaries which she agrees to establish by the first article of this agreement. C. the state of Texas relinquishes all claim upon the United States for liability of the debts of Texas, and for compensation or indemnity for the surrender to the United States of her ships, forts, arsenals, customhouses, customhouse revenue, arms and munitions of war and public buildings with their sites, which became the property of the United States at the time of the annexation. -
U.S. House of Representatives Hearing Regarding the Admission
TABLE OF CONTENTS House of Representatives Uashington, D. C. Subcommittee on Territorial February 23, 1960 and Insular Affairs of the Committee on Interior and Insular Affairs. PAGE Statement of Honorable Daniel K. Inouye, a Representative in Congress from the State of Hawaii............. ... ............ ....... ...... 4 Statement of J. Monroe Sullivan, Vice President, Pacific American Steamship Association. ......... 10 Statement of Honorable Hiram L. Fong, a United States Senator from the State of Hawaii ....... 17 Statement of Honorable Oren L. Long, a United States Senator from the State of Hawaii.......... 19 Statement of Wilbur K. Watkins, Jr., a Deputy Attorney General of the State of Hawaii ........ 22 Statement of Harold Seidman, Assistant Chief, Office of Management and Organization, Bureau of the Budget (Accompanied by HoWard Schnoor, Management Analyst, Bureau of the Budget, and Mrs. Ruth Van Cleve, Act'ng Assistant Solicitor, Department of the Interior..................... 25 Statement of John F. Donelan, Kahulul Railroad Company, Maui, Hawaii. .............. ......... 67 ,....2~ C i. .E~*L'. ' C" 'i TI'Cyll.-(~ * - . * J~h~i ~rr?~ '---- ~7ur~w--' ley- 1 ttle H. R. 10434, H. R. 10443, E. R. 10456, H. R. 10463, and H. R. 10475 TUESDAY, FEBRUARY 23, 1960 House of Represontatives, Subcommittee on Terri.orial and Insular Affairs of the Committee on Xnterior and :'Pular Affairs, Washington, D. C. The subcommittee met, pursuant to call, at 9:48 a. m., in the committee room, New House Office Building, Honorable Leo W. O'Brien, chairman of the subcommittee, presiding. Mr. O'Brien, The Subcommittee on Territorial and In- sular Affairs will be in order for hearing on the several bills to amend certain laws of the United States providing for admission of the State of Hawaii into the Union and for other purposes. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, SECOND SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION Vol. 154 WASHINGTON, THURSDAY, JUNE 5, 2008 No. 92 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE Rev. Steven Ailes from Peru, IN. Rev- called to order by the Honorable MARK The Honorable MARK L. PRYOR led erend Ailes has served in seven church- L. PRYOR, a Senator from the State of the Pledge of Allegiance, as follows: es in Indiana. He is a civic leader in Arkansas. Peru as president of the Rotary Club I pledge allegiance to the Flag of the United States of America and to the Repub- and has been the chairman and a mem- ber of many foundations. He has PRAYER lic for which it stands, one nation under God, indivisible, with liberty and justice for all. brought students to this Capitol from The PRESIDING OFFICER. Today’s f Peru, IN, with regularity. opening prayer will be offered by guest I have known Reverend Ailes well be- APPOINTMENT OF ACTING Chaplain Rev. Steven N. Ailes, Main cause of his son Justin who is a distin- PRESIDENT PRO TEMPORE Street United Methodist Church, Peru, guished graduate of the University of IN. The PRESIDING OFFICER. The Indianapolis and who came onto my clerk will please read a communication The guest Chaplain offered the fol- staff and served for many years as a to the Senate from the President pro lowing prayer: very able public servant. It has been a tempore (Mr. -
Organic Act of the Virgin Islands (68 Stat
76 STAT. ] PUBLIC LAW 87-420-MAR. 20, 1962 35 SEC. 2. Section 15 of the Revised Organic Act of the Virgin Islands (68 Stat. 497, 504; 48 U.S.C. 15%) is amended by adding the follow ing at the end thereof: "The Governor or Acting Governor may from time to time designate an officer or employee of the executive depart ment of the government of the Virgin Islands to act as government secretary for the Virgin Islands in case of a vacancy in the office of the government secretary or the disability or temporary absence of the government secretary or while said government secretary is acting as Governor, and the person so designated shall have all the powere of government secretary so long as such condition continues, except for the power set forth in section 14 of this Act. No additional com- 48 use 1595. pensation shall be paid to any person acting as Governor or as secretary under this Act." Approved March 16, 1962. Public Law 87-420 ^^ ^^^ March 20, 1962 To amend the Welfare and Pension Plans Disclosure Act with respect to the [H- R- 8723] method of enforcement and to provide certain additional sanctions, and for other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may welfare andPen- be cited as the "Welfare and Pension Plans Disclosure Act Amend- sure^A^^t Amend ments of 1962". •"*"*« °^ 1962. SEC. 2. The first line of section 3 of the Welfare and Pension Plans Disclosure Act is amended by striking out" (a)". -
Economic and Fiscal Conditions in the U.S. Virgin Islands
Economic and Fiscal Conditions in the U.S. Virgin Islands Updated February 13, 2020 Congressional Research Service https://crsreports.congress.gov R45235 Economic and Fiscal Conditions in the U.S. Virgin Islands Summary Fiscal and economic challenges facing the U.S. Virgin Islands (USVI) government raise several issues for Congress. Congress may choose to maintain oversight of federal policies that could affect the USVI’s long-term fiscal stability. Congress also may consider further legislation that would extend or restructure long-range disaster assistance programs to mitigate those challenges and promote greater resiliency of infrastructure and public programs. Federal responses to the USVI’s fiscal distress could conceivably affect municipal debt markets more broadly. Greater certainty in federal funding for disaster responses and Medicaid could support the USVI economy. The USVI, like many other Caribbean islands acquired by European powers, were used to produce sugar and other tropical agricultural products and to further strategic interests such as shipping and the extension of naval forces. Once the United States acquired the U.S. Virgin Islands shortly before World War I, they effectively ceased to have major strategic importance. Moreover, at that time the Virgin Islands’ sugar-based economy had been in decline for decades. While efforts of mainland and local policymakers eventually created a robust manufacturing sector after World War II, manufacturing in the Virgin Islands has struggled in the 21st century. In particular, the 2012 closing of the HOVENSA refinery operated by Hess Oil resulted in the loss of some 2,000 jobs and left the local economy highly dependent on tourism and related services. -
Guam's Future Political Status: an Argument for Free Association with U.S. Citizenship I. II. A. Guam's Early Days As A
Guam’s Future Political Status: An Argument for Free Association with U.S. Citizenship I. INTRODUCTION II. GUAM’S HISTORY AS A U.S. COLONY AND ITS QUEST FOR U.S. CITIZENSHIP A. Guam’s Early Days as a U.S. Possession B. Guam’s Pursuit of a More Meaningful Status III. THE RIGHTS AND PROTECTIONS OF U.S. CITIZENSHIP A. U.S. Citizenship Generally B. U.S. Citizens of Guam IV. THE DOCTRINE OF INCORPORATION AND THE APPLICATION OF THE U.S. CONSTITUTION TO GUAM V. DUAL CITIZENSHIP IN U.S. LAW VI. THE POLITICAL STATUS OF FREE ASSOCIATION A. Free Association Generally B. U.S. Examples of Free Association: The Former Trust Territory C. The Case of the U.S. Virgin Islands D. Non-U.S. Examples of Free Association-Type Arrangements 1. Cook Islands-New Zealand 2. Channel Islands-United Kingdom 3. Faroe Islands & Greenland-Denmark 4. Dutch Affiliated Islands in the Caribbean E. Possible Model of Guam-U.S. Free Association VII. CONCLUSION I. INTRODUCTION For more than three hundred years, the island of Guam has been subjected to colonial rule and denied full self-governance.1 Spain claimed Guam in 1565, and established Spanish rule in 1668.2 After the Spanish-American War, Guam’s centuries-long colonizer formally ceded the island to the United States with the ratification of the Treaty of Paris in 1899.3 With the exception of a three-year period during World War II, when Japanese forces occupied Guam (1941 to 1944), the island has since remained under the control of the United States.4 At present, 1 Position Paper of the Task Force on Free Association, The Freely Associated State of Guam in Free Association with The United States of America 1 (Mar. -
Act of Congress (1861) Organizing the Territory of Nevada
ACT OF CONGRESS (1861) ORGANIZING THE TERRITORY OF NEVADA _________ [See 12 United States Statutes at Large (1863), pp. 209-214. Section leadlines have been supplied by the Legislative Counsel of the State of Nevada.] _________ CHAP. LXXXIII.—An Act to organize the Territory of Nevada. Sec. 1. Boundaries of territory; Indian rights; division into two or more territories. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory of the United States, included within the following limits, to wit:—beginning at the point of intersection of the forty-second degree of north latitude with the thirty-ninth degree of longitude west from Washington; thence, running south on the line of said thirty-ninth degree of west longitude, until it intersects the northern boundary line of the Territory of New Mexico; thence due west to the dividing ridge separating the waters of Carson Valley from those that flow into the Pacific; thence on said dividing ridge northwardly to the forty-first degree of north latitude; thence due north to the southern boundary line of the State of Oregon; thence due east to the place of beginning, be, and the same is hereby, erected into a temporary government by the name of the Territory of Nevada: Provided, That so much of the Territory within the present limits of the State of California shall not be included within this Territory until the State of California shall assent to the same by an act irrevocable without the consent of the -
» South Pacific Commission Report of the T E N T H S O U T H P a C I F I C C O H F E K E N C E Suva, Fiji, I5th September
I - » SOUTH PACIFIC COMMISSION REPORT OF THE TENTH SOUTH PACIFIC COHFE K E N C E SUVA, FIJI, I5TH SEPTEMBER - 25TH SEPTEMBER, 1970 Chairman: The Honourable S.I1. Koya ^SommiBsioner for the United Kingdom on the South Pacific Commission/7 NOUMEA HEw' CAHiDONIA 1970 ATTENDANCE AT THE TENTH SOUTH PACIFIC CONFERENCE Chairman The Hon. S.M. Koya, Commissioner for the United Kingdom on the South Pacific Commission Representatives from South Pacific Territories and Countries American Samoa High Talking Chief Fofo I.F.Sunia Delegate British Solomon Islands The Hon. Gordon Siama Delegate Protectorate Mr Solomon Maraoloni Alternate Delegate Cook Islands Dr Joseph Williams Delegate Mr Papamama Pokino Alternate Delegate Mr Alan Armistead Adviser Mr Frank Thorburn Adviser Mr Russell Gerrard Observer Fiji The Hon. Vijay R. Singh Delegate The Hon. Jonate Mavoa Alternate Delegate The Hon. J.B. Naisara Adviser Mr B. Vunibobo Adviser Dr S. Lomani Adviser Mr C. Amoutch Adviser French Polynesia Mr Romuald Allain Delegate Mr Eugene Haereraaroa Alternate Delegate Mr Henri Elix Adviser Gilbert and Ellice The Hon. Reuben K. Uatioa Delegate Islands Colony Mr Naboua Ratieta Alternate Delegate Guam Mr J.C. Guerrero Delegate Nauru President Hammer deRoburt Delegate Mr Kinza Clodumar Adviser Miss Echo Gadong Adviser New Caledonia Rev. Father J. Kapea Nepamoindou Delegate New Hebrides Rev. Father Gerard Leymang Delegate (Condominium) Mr Iolu Abbil Delegate Mr Jacques Fabre Adviser Mr Keith Woodward Adviser Niue The Hon. Robert R. Rex Delegate The Hon. Enetama Alternate Delegate Mr S.P.E. Tagelagi Adviser Mr T.M. Chapman Adviser Territory of Papua Mr Oala Oala-Rarua Delegate and new Guinea Mr John Poe Delegate Mr T. -
General Assembly's Agenda for Many Years but South Africa Had Impeded All Efferts to Reach a Conclusion and Had Rejected All the Solutions Proposed
United Nations UN LIBRARY-f!J~ FOURTH COMMITTEE GENERAL ~ ~ 32nd meeting DEC 7 1976~ i/ held on ASSEMBLY ""'""?~ Thursday, 25 November 1976 THIRTY-FIRST SESSION LIJNLSA COLLECiiON at 10.30 a.m. Official Records* . New York SUMMARY RECORD OF THE 32nd MEETING Chairman : Mr. VRAALSEN (Norway) CONTENTS AGENDA ITEM 85: QUESTION OF NAMIBIA (continued) AGENDA ITEM 25: IMPLEMENTATION OF THE DECLARATION ON THE GRANTING OF INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES (continued) • This record is subject to correction. Corrections should be inco~or~ted in a copy_ ot Distr. GENERAL the record and should be sent within one week of the date of publrcanon to the Chief, Official Records Editing Section, room I..X-2332. A/C.4/31/SR.32 2 December 1976 Corrections will be i~sued shortly after the end of the session, in a separate fascicle for ENGLISH each Committee. ORIGINAL: FRENCH r6-91343 / ... A/C.4/31/SR.32 English Page 2 The meeting was called to order at 11 a.m. AGENDA TIME 35: QUESTION OF NAMIBIA (A/31/23/Add.l, A/31/23/Add.3, A/31/24 (vol. I and II), A/31/45, A/31/92, A/31/155, A/31/181, A/31/190 and Corr.l, A/31/197, A/31/213, A/31/237; A/C.4/31/L.29) (continued) 1. Mr. GIGNAC (Canada) noted with regret that the situation in Namibia had evolved little in substantive terms since the Fourth Committee's last debate on the question. It had been ten years since the United Nations terminated the South African mandate over Namibia and five years since the International Court of Justice gave its advisory opinion on that matter. -
Public Law 88-171 Be It Enacted Hy the Senate and House Of
304 PUBLIC LAW 88-171-NOV. 4, 1963 [77 STAT. Public Law 88-171 November 4, 1963 AN ACT LH- R- 6481]— rj,^ permit the government of Guam to authorize a public authority to undertake urban renewal and housing activities. Be it enacted hy the Senate and House of Representatives of the Guam. United States of America in Congress assembled, That the Legisla- and'^hous'in"^rc- ^^^^ ^^ Guam may by law grant to a public corporate authority, tivities. existing or to be created by or under such law, powers to undertake urban (renewal and housing activities in Guam. Such legislature may by law provide for the appointment, terms of office, or removal of the members of such authority and for the powers of such author ity, including authority to accept whatever benefits the Federal Government may make available, and to do all things, to exercise any and all powers, and to assume and fulfill any and all obligations, duties, responsibilities, and requirements, including but not limited to those relating to planning or zoning, necessary or desirable for receiving such Federal assistance, except that such authority shall not be given any power of taxation, nor any power to pledge the faith and credit of the territory of Guam tor any loan whatever. SEC. 2. The Legislature of Guam may by law authorize such 64 Stat. 384. autlioritv, any provision of the Organic Act of Guam, or any other 48 use 1421 ^Q^ Qf Congress to the contrary notwithstanding, to borrow money note. and to issue notes, bonds, and other obligations of such character and maturity, with such security, and in such manner as the legislature may provide. -
Opinion Supreme Court of the Virgin Islands Entered June 3, 2019
APPENDIX TO PETITION PAGE Opinion Supreme Court of the Virgin Islands entered June 3, 2019 . 1a Dissenting Opinion . 87a Judgment Supreme Court of the Virgin Islands entered June 3, 2019 . 139a Opinion Superior Court of the Virgin Islands entered January 24, 2018 . 142a Statutory Provisions at Issue . 164a 48 U.S.C. § 1561 . 164a 48 U.S.C. § 1613 . 164a 1a For Publication IN THE SUPREME COURT OF THE VIRGIN ISLANDS FREDERIC J. BALBONI, ) S. Ct. Civ. No. JR., ) 2018-0022 ) Appellant/Plaintiff, ) Re: Super. Ct. v. ) Civ. No. ) 366/2014 (STT) RANGER AMERICAN OF ) THE V.I.,INC. and EMICA ) KING, ) ) Appellees/Defendants. ) On Appeal from the Superior Court of the Virgin Islands Division of St. Thomas & St. John Superior Court Judge: Hon. Denise M. Francois Argued: April 10, 2018 Filed: June 3, 2019 Cite as 2019 VI 17 BEFORE: RHYS S. HODGE, Chief Justice; MARIA M. CABRET, Associate Justice; and IVE ARLINGTON SWAN, Associate Justice. APPEARANCES: Robert L. King, Esq., The King Law Firm, P.C., St. Thomas, U.S.V.I., 2a Justin E. King, Esq. (Argued), Coffey Burlington, P.L., Miami, FL Attorneys for Appellant, Adam G. Christian, Esq. (Argued), Ogletree, Deakins, Nash, Smoak & Stewart, LLC, St. Thomas, U.S.V.I. Daryl C. Barnes, Esq., Paul R. Neil, Esq., Barnes & Neil, LLP, St. Croix, U.S.V.I., Attorneys for Appellees, Ian S. A. Clement, Esq. (Argued), Assistant Attorney General, St. Thomas, U.S.V.I., Attorney for the Government of the Virgin Islands, Henry L. Feuerzeig, Esq., Lisa M. Kömives, Esq., Dudley, Topper & Feuerzeig, LLP, St.