DOCSLIB.ORG

BASIC LAWS and AUTHORITIES of the NATIONAL ARCHIVES and RECORDS ADMINISTR ATION

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
BASIC LAWS and AUTHORITIES of the NATIONAL ARCHIVES and RECORDS ADMINISTR ATION 2016 edition BASIC LAWS and AUTHORITIES of the NATIONAL ARCHIVES and RECORDS ADMINISTR ATION Office of General Counsel National Archives and Records Administration Additional materials can be found on the web at: www.archives.gov 2016 edition BASIC LAWS and AUTHORITIES of the NATIONAL ARCHIVES and RECORDS ADMINISTR ATION Office of General Counsel National Archives and Records Administration Additional materials can be found on the web at: www.archives.gov BASIC LAWS and AUTHORITIES | iii TABLE OF CONTENTS ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS; SEALING OF INSTRUMENTS 1 § 106a. Promulgation of laws 1 § 106b. Amendments to Constitution 1 § 112. Statutes at Large; contents; admissibility in evidence 1 § 113. “Little and Brown’s” edition of laws and treaties; slip laws; Treaties and Other International Acts Series; admissibility in evidence 1 § 201. Publication and distribution of Code of Laws of United States and Supplements and District of Columbia Code and Supplements 2 PRESIDENTIAL ELECTIONS AND VACANCIES § 6. Credentials of electors; transmission to Archivist of the United States and to Congress; public inspection 2 § 11. Disposition of certificates 2 § 12. Failure of certificates of electors to reach President of the Senate or Archivist of the United States; demand on State for certificate 3 § 13. Same; demand on district judge for certificate 3 FORMER PRESIDENTS ACT 3 OFFICIAL TERRITORIAL PAPERS 4 § 141. Collection, preparation and publication 4 § 142. Appointment of experts 5 § 143. Employment and utilization of other personnel; cost of copy reading and indexing 5 § 144. Cooperation of departments and agencies 5 § 145. Printing and distribution 5 § 146. Authorization of appropriations 5 INSPECTOR GENERAL ACT OF 1978 6 § 8G. Requirements for Federal entities and designated Federal entities 6 CONCEALMENT, REMOVAL, OR MUTILATION OF RECORDS 7 DISSEMINATION OF INFORMATION WITHIN THE UNITED STATES 8 FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL SERIES 8 CUSTODY OF RECORDS; OKLAHOMA HISTORICAL SOCIETY 9 INTERNAL REVENUE CODE 9 INDEPENDENT COUNSEL 10 CONGRESSIONAL PRINTING AND BINDING 11 § 710. Copies of Acts furnished to Public Printer 11 § 711. Printing Acts, joint resolutions, and treaties 11 § 729. United States Statutes at Large: references in margins 11 BASIC LAWS and AUTHORITIES | iii FEDERAL REGISTER AND THE CODE OF FEDERAL REGULATIONS 11 § 1501. Definitions 12 § 1502. Custody and printing of Federal documents; appointment of Director 12 § 1503. Filing documents with Office; notation of time; public inspection; transmission for printing 12 § 1504. “Federal Register”; printing; contents; distribution; price 12 § 1505. Documents to be published in Federal Register 13 § 1506. Administrative Committee of the Federal Register; establishment and composition; powers and duties 13 § 1507. Filing document as constructive notice; publication in Federal Register as presumption of validity; judicial notice; citation 14 § 1508. Publication in Federal Register as notice of hearing 14 § 1509. Costs of publication, etc. 14 § 1510. Code of Federal Regulations 14 § 1511. International agreements excluded from provisions of chapter 15 DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS 15 § 1714. Publications for use of National Archives and Records Administration 15 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 16 § 2101. Definitions 16 § 2102. Establishment 16 § 2103. Officers 19 § 2104. Administrative provisions 19 § 2105. Personnel and services 19 § 2106. Reports to Congress 20 § 2107. Acceptance of records for historical preservation 20 § 2107 Note. President John F. Kennedy Assassination Records Collection Act 21 § 2108. Responsibility for custody, use, and withdrawal of records 31 § 2109. Preservation, arrangement, duplication, exhibition of records 33 § 2110. Servicing records 33 § 2111. Material accepted for deposit 33 § 2112. Presidential archival depository 35 § 2113. Depository for agreements between States 38 § 2114. Preservation of audio and visual records 38 § 2115. Reports; correction of violations 38 § 2116. Legal status of reproductions; official seal; fees for copies and reproductions 39 § 2117. Limitation on liability 39 § 2118. Records of Congress 39 § 2119. Cooperative agreements 39 § 2120. Online access of Founding Fathers documents 40 PRESIDENTIAL RECORDS 40 § 2201. Definitions 40 § 2202. Ownership of Presidential records 41 § 2203. Management and custody of Presidential records 41 § 2204. Restrictions on access to Presidential records 42 § 2205. Exceptions to restricted access 43 § 2206. Regulations 43 § 2207. Vice-Presidential records 43 iv | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | v § 2208. Claims of constitutionally based privilege against disclosure 43 § 2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts 45 NATIONAL ARCHIVES TRUST FUND BOARD 45 § 2301. Establishment of Board; membership 45 § 2302. Authority of the Board; seal; services; bylaws; rules; regulations; employees 45 § 2303. Powers and obligations of the Board; liability of members 46 § 2304. Compensation of members; availability of trust funds for expenses of the Board 46 § 2305. Acceptance of gifts 46 § 2306. Investment of funds 46 § 2307. Trust fund account; disbursements; sales of publications and releases 46 § 2308. Tax exemption for gifts 46 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION 47 § 2501. Creation; composition; appointment and tenure; meetings 47 § 2502. Vacancies 47 § 2503. Executive director, staff, transportation expenses 47 § 2504. Duties; authorization of grants for historical publications and records programs; authorization for appropriations 48 § 2505. Special advisory committees; membership; reimbursement 49 § 2506. Records to be kept by grantees 49 ADVISORY COMMITTEE ON THE RECORDS OF CONGRESS 49 § 2701. Advisory Committee on the Records of Congress 50 § 2702. Membership; chairman; meetings 50 § 2703. Functions of the Committee 50 § 2704. Powers of the Committee 50 § 2705. Compensation and travel expenses 50 § 2706. Administrative provisions 51 RECORDS MANAGEMENT BY THE ARCHIVIST OF THE UNITED STATES 51 § 2901. Definitions 51 § 2902. Objectives of records management 53 § 2903. Custody and control of property 53 § 2904. General responsibilities for records management 53 § 2905. Establishment of standards for selective retention of records; security measures 54 § 2906. Inspection of agency records 54 § 2907. Records centers and centralized microfilming services 55 § 2908. Regulations 55 § 2909. Retention of records 55 § 2910. Preservation of Freedmen’s Bureau records 55 § 2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts 55 RECORDS MANAGEMENT BY FEDERAL AGENCIES 56 § 3101. Records management by agency heads; general duties 56 § 3102. Establishment of program of management 56 § 3103. Transfer of records to records centers 56 § 3104. Certifications and determinations on transferred records 56 § 3105. Safeguards 56 BASIC LAWS and AUTHORITIES | v § 3106. Unlawful removal, destruction of records 56 § 3107. Authority of Comptroller General 57 DISPOSAL OF RECORDS 57 § 3301. Definition of records 57 § 3302. Regulations covering lists of records for disposal, procedure for disposal, and standards for reproduction 58 § 3303. Lists and schedules of records to be submitted to the Archivist by head of each Government agency 58 § 3303a. Examination by Archivist of lists and schedules of records lacking preservation value; disposal of records 58 § 3308. Disposal of similar records where prior disposal was authorized 59 § 3309. Preservation of claims of Government until settled in Government Accountability Office; disposal authorized upon written approval of Comptroller General 59 § 3310. Disposal of records constituting menace to health, life, or property 59 § 3311. Destruction of records outside continental United States in time of war or when hostile action seems imminent; written report to Archivist 59 § 3312. Photographs or microphotographs of records considered as originals; certified reproductions admissible in evidence 59 § 3313. Moneys from sale of records payable into the Treasury 60 § 3314. Procedures for disposal of records exclusive 60 COORDINATION OF FEDERAL INFORMATION POLICY 60 § 3501 Note. E-Government Act of 2002 60 § 3504. Authority and functions of Director 63 § 3511. Establishment and operation of Government Information Locator Service 65 § 3515. Administrative powers 66 MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES 66 § 3603. Chief Information Officers Council 66 ATOMIC ENERGY DEFENSE PROVISIONS 67 § 2672. Protection against inadvertent release of restricted data and formerly restricted data 67 § 2673. Supplement to plan for declassification of restricted data and formerly restricted data 68 DOCUMENTS RELATING TO JAPANESE INTERNMENT 69 NAZI WAR CRIMES DISCLOSURE ACT 69 DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT 72 PUBLIC INTEREST DECLASSIFICATION ACT OF 2000, AS AMENDED 74 NON-NARA STATUTES 80 Access to Classified Information 80 Administrative Dispute Resolution Act 80 Administrative Procedure Act 80 Americans with Disabilities Act of 1990 80 Anti-Deficiency Act 81 Anti-Nepotism Act 81 Augmentation Prohibition 81 Debt Collection Act of 1982 81 Debt Collection Improvement Act of 1996 81 Depository Library Program 82 vi | BASIC LAWS and AUTHORITIES BASIC LAWS and AUTHORITIES | vii Economy in Government Act 82 Electronic Freedom of Information
Load more

Recommended publications
  • Federal Constitution of Malaysia
    LAWS OF MALAYSIA REPRINT FEDERAL CONSTITUTION Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 Laws of Malaysia FEDERAL CONSTITUTION First introduced as the Constitution … 31 August 1957 of the Federation of Malaya on Merdeka Day Subsequently introduced as the … … 16 September 1963 Constitution of Malaysia on Malaysia Day PREVIOUS REPRINTS First Reprint … … … … … 1958 Second Reprint … … … … … 1962 Third Reprint … … … … … 1964 Fourth Reprint … … … … … 1968 Fifth Reprint … … … … … 1970 Sixth Reprint … … … … … 1977 Seventh Reprint … … … … … 1978 Eighth Reprint … … … … … 1982 Ninth Reprint … … … … … 1988 Tenth Reprint … … … … … 1992 Eleventh Reprint … … … … … 1994 Twelfth Reprint … … … … … 1997 Thirteenth Reprint … … … … … 2002 Fourteenth Reprint … … … … … 2003 Fifteenth Reprint … … … … … 2006 Federal Constitution CONTENTS PAGE ARRANGEMENT OF ARTICLES 3–15 CONSTITUTION 17–208 LIST OF AMENDMENTS 209–211 LIST OF ARTICLES AMENDED 212–229 4 Laws of Malaysia FEDERAL CONSTITUTION NOTE: The Notes in small print on unnumbered pages are not part of the authoritative text. They are intended to assist the reader by setting out the chronology of the major amendments to the Federal Constitution and for editorial reasons, are set out in the present format. Federal Constitution 3 LAWS OF MALAYSIA FEDERAL CONSTITUTION ARRANGEMENT OF ARTICLES PART I THE STATES, RELIGION AND LAW OF THE FEDERATION Article 1. Name, States and territories of the Federation 2. Admission of new territories into the Federation 3. Religion of the Federation 4. Supreme Law of the Federation PART II FUNDAMENTAL LIBERTIES 5. Liberty of the person 6. Slavery and forced labour prohibited 7.
    [Show full text]
  • Malaysia's Constitution of 1957 with Amendments Through 2007
    PDF generated: 26 Aug 2021, 16:39 constituteproject.org Malaysia's Constitution of 1957 with Amendments through 2007 Subsequently amended This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:39 Table of contents PART I: THE STATES, RELIGION AND LAW OF THE FEDERATION . 12 1. Name, States and territories of the Federation . 12 2. Admission of new territories into the Federation . 12 3. Religion of the Federation . 12 4. Supreme law of the Federation . 13 PART II: FUNDAMENTAL LIBERTIES . 13 5. Liberty of the person . 13 6. Slavery and forced labour prohibited . 14 7. Protection against retrospective criminal laws and repeated trials . 14 8. Equality . 14 9. Prohibition of banishment and freedom of movement . 15 10. Freedom of speech, assembly and association . 15 11. Freedom of religion . 16 12. Rights in respect of education . 17 13. Rights to property . 17 PART III: CITIZENSHIP . 17 Chapter 1: Acquisition of Citizenship . 17 14. Citizenship by operation of law . 17 15. Citizenship by registration (wives and children of citizens) . 18 15A. Special power to register children . 18 16. Citizenship by registration (persons born in the Federation before Merdeka Day) . 19 16A. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day) . 19 17. Repealed . 19 18. General provisions as to registration . 19 19. Citizenship by naturalisation . 20 19A. Repealed . 21 20. Repealed . 21 21. Repealed . 21 22. Citizenship by incorporation of territory . 21 Chapter 2: Termination of Citizenship .
    [Show full text]
  • The Soviet View on International Law
    101 THE SOVIET VIEW ON INTERNATIONAL LAW Leon S. Lipson The background of Marxist-Leninist International law in a bourgeois theory with which Soviet international setting, so the theory ran, was sanc­ law began permitted, and indeed re­ tioned by the transverse power of the quired, an analysis of the contemporary global bourgeoisie up to the point where nation-state system from without. So imperialistic conflict, caused by the long as a Soviet analyst could in thought growing contradictions of capitalist remain outside the system, he found not society and capitalist economics, was much difficulty with the conundrum expected to lead to a breakdown of the that has troubled so much of the writing system and open the way for a pro­ about international law since the fic­ letarian revolution and the establish­ tions of medieval universality broke ment of socialism. Under this analysis, down; that is, the problem to which you international law is trivial until the addressed yourselves yesterday after­ moment it becomes obsolete. noon, of the efficacy and even the Before and for some time after its existence of international law in the occurrence, the Russian revolution was absence of a single compelling enforce­ expected to touch off a continuing ment machinery. That problem has series of revolutions in the more indus­ seemed especially acute to Western trial countries of, at least, continental seholars under the influence of what Europe. As Taracouzio put it: they thought to be the implications of With ... the advent of a single Austinian positivism. It was taken care world-wide denationalized, class­ of in early Soviet terms by a theory of less society, there [would] be no the organization of society which re­ place for a system of law regu­ fused to look on states as the ultimate lating the international life of aggregates of legitimatized power.
    [Show full text]
  • State Enforcement of Federal Law
    ARTICLES STATE ENFORCEMENT OF FEDERAL LAW MARGARET H. LEMOS* Federal law is enforced through a combination of public and private efforts. Com- mentary on the choice between public and private enforcement has generated a remarkably stable set of arguments about the strengths and weaknesses of each type. But the conventional wisdom tells only part of the story, as it ignores varia- tions within the category of public enforcement. Many federal statutes authorize civil enforcement by both a federal agency and the states. State enforcement is dif- ferent from federal enforcement in several important respects, representinga unique model of public enforcement. The authority to enforce federal law is also a unique form of state power. As I show, enforcement authority can serve as a potent means of state influence by enabling states to adjust the intensity of enforcement and to press their own interpretations of federal law. To date, enforcement has been neglected in the federalism literature, which tends to equate state power with state regulation. But enforcement authority may exist outside of regulatory authority, allowing states to operate even in areas where state law is preempted or state regula- tors have chosen not to act. And enforcement empowers a distinct breed of state representatives-elected,generalist attorneys general. Just as state attorneys general differ from federal agencies as agents of enforcement, they differ from state agen- cies as agents of federal-state interaction.Moreover, attorneys generalin most states are independent from the state legislature and governor, and may represent dif- ferent constituencies. Enforcement authority therefore opens up new outlets for state-centered policy, empowering actors whose interests and incentives distinguish them from the state institutions that dominate other channels of federal-state dialogue.
    [Show full text]
  • 19-783 Van Buren V. United States (06/03/2021)
    (Slip Opinion) OCTOBER TERM, 2020 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus VAN BUREN v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 19–783. Argued November 30, 2020—Decided June 3, 2021 Former Georgia police sergeant Nathan Van Buren used his patrol-car computer to access a law enforcement database to retrieve information about a particular license plate number in exchange for money. Alt- hough Van Buren used his own, valid credentials to perform the search, his conduct violated a department policy against obtaining da- tabase information for non-law-enforcement purposes. Unbeknownst to Van Buren, his actions were part of a Federal Bureau of Investiga- tion sting operation. Van Buren was charged with a felony violation of the Computer Fraud and Abuse Act of 1986 (CFAA), which subjects to criminal liability anyone who “intentionally accesses a computer without authorization or exceeds authorized access.” 18 U. S. C. §1030(a)(2). The term “exceeds authorized access” is defined to mean “to access a computer with authorization and to use such access to ob- tain or alter information in the computer that the accesser is not enti- tled so to obtain or alter.” §1030(e)(6).
    [Show full text]
  • Federal Law on Political Parties of the Russian
    Strasbourg, 18 September 2012 CDL-REF(2012)001rev Opinion No. 658 / 2011 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) FEDERAL LAW ON POLITICAL PARTIES OF THE RUSSIAN FEDERATION* _________ *Unofficial translation, including the amendments introduced by the Law of 4 April 2012 (highlighted in yellow). This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL-REF(2012)001rev - 2 - July 11, 2001 N 95-FL RUSSIAN FEDERATION FEDERAL LAW ON POLITICAL PARTIES Enacted By the State Duma On June 21, 2001 Approved By the Federation Council On June 29, 2001 (Rev. Federal Law dd. 21.03.2002 N 31-FL, dd. 25.07.2002 N 112-FL, dd. 23.06.2003 N 85-FL, dd. 08.12.2003 N 169-FL, dd. 20.12.2004 N 168-FL, dd. 28.12.2004 N 183-FL, dd. 21.07.2005 N 93-FL, dd. 31.12.2005 N 202-FL, dd. 12.07.2006 N 106-FL, dd. 30.12.2006 N 274-FL, dd. 26.04.2007 N 64-FL, dd. 22.07.2008 N 144-FL, dd. 23.07.2008 N 160-FL, dd. 08.11.2008 N 200-FL, dd. 05.04.2009 N 41-FL, dd. 05.04.2009 N 42-FL, dd. 28.04.2009 N 75-FL, dd. 12.05.2009 N 94-FL, dd. 19.07.2009 N 196-FL, dd. 17.12.2009 N 319-FL, dd. 06.05.2010 N 80-FL, dd. 04.06.2010 N 116-FL, dd. 03.11.2010 N 289-FL, dd.
    [Show full text]
  • Federal Constitution
    LAWS OF MALAYSIA FEDERAL CONSTITUTION Incorporating all amendments up to P.U.(A) 164/2009 First introduced as the Constitution of the Federation of Malaya on Merdeka Day : 31st August 1957 Subsequently introduced as the Constitution of Malaysia on Malaysia Day : 16th September 1963 ______________________________ARRANGEMENT OF ARTICLES PART I THE STATES, RELIGION AND LAW OF THE FEDERATION Article 1. Name, States and territories of the Federation 2. Admission of new territories into the Federation 3. Religion of the Federation 4. Supreme Law of the Federation PART II FUNDAMENTAL LIBERTIES 5. Liberty of the person 6. Slavery and forced labour prohibited 7. Protection against retrospective criminal laws and repeated trials 8. Equality 9. Prohibition of banishment and freedom of movement 10. Freedom of speech, assembly and association 11. Freedom of religion 12. Rights in respect of education 13. Rights to property PART III CITIZENSHIP Chapter 1—Acquisition of Citizenship 14. Citizenship by operation of law 15. Citizenship by registration (wives and children of citizens) 15A. Special power to register children 16. Citizenship by registration (persons born in the Federation before MerdekaDay) 16A. Citizenship by registration (persons resident in States of Sabah and Sarawak on Malaysia Day) 17. (Citizenship by registration (persons resident in the Federation on Merdeka Day)—Repealed) 18. General provisions as to registration 19. Citizenship by naturalization 19A. (Transfer of citizenship to or from Singapore—Repealed) 20. (Naturalization of members of Federation forces—Repealed) 21. (General provisions as to naturalization—Repealed) 22. Citizenship by incorporation of territory Chapter 2—Termination of Citizenship 23. Renunciation of citizenship 24. Deprivation of citizenship on acquisition or exercise of foreign citizenship, etc.
    [Show full text]
  • Supreme Court of the United States Petition for Writ of Certiorari
    18--7897 TN THE SUPREME COURT OF THE UNITED STAIET FILED ' LARAEL OWENS., Larael K Owens 07 MARIA ZUCKER, MICHEL P MCDANIEL, POLK COUNTY DEPARTMENT OF REVENUE, MARK MCMANN, TAMESHA SADDLERS. RESPONDENT(S) Case No. 18-12480 Case No. 8:18-cv-00552-JSM-JSS THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT PETITION FOR WRIT OF CERTIORARI Larael K Owens 2 Summer lake way Savannah GA 31407 (229)854-4989 RECE11VED 2019 I OFFICE OF THE CLERK I FLSUPREME COURT, U.sJ Z-L QUESTIONS PRESENTED 1.Does a State Judges have authority to preside over a case when He/She has a conflicts of interest Does absolute immunity apply when ajudge has acted criminally under color of law and without jurisdiction, as well as actions taken in an administrative capacity to influence cases? 2.Does Eleventh Amendment immunity apply when officers of the court have violated 31 U.S. Code § 3729 and the state has refused to provide any type of declaratory relief? 3.Does Title IV-D, Section 458 of the Social Security Act violate the United States Constitution due to the incentives it creates for the court to willfully violate civil rights of parties in child custody and support cases? 4.Has the United States Court of Appeals for the Third Circuit erred in basing its decision on the rulings of a Federal judge who has clearly and willfully violated 28 U.S. Code § 455. .Can a state force a bill of attainder on a natural person in force you into slavery 6.Can a judge have Immunity for their non judicial activities who knowingly violate civil rights 2.
    [Show full text]
  • The Fourteenth Amendment and the Unconstitutionality of Secession
    The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals June 2015 The ourF teenth Amendment and the Unconstitutionality of Secession Daniel A. Farber Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Constitutional Law Commons, and the Fourteenth Amendment Commons Recommended Citation Farber, Daniel A. (2012) "The ourF teenth Amendment and the Unconstitutionality of Secession," Akron Law Review: Vol. 45 : Iss. 2 , Article 6. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol45/iss2/6 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Farber: The Fourteenth Amendment 12- FARBER_MACRO.DOCM 6/13/2012 3:42 PM THE FOURTEENTH AMENDMENT AND THE UNCONSTITUTIONALITY OF SECESSION Daniel A. Farber∗ I. Introduction ...................................................................... 479 II. Antebellum Conceptions of Citizenship and the Nature of the Union ...................................................................... 484 A. Secession and the Nature of the Union ...................... 485 B. Federalism
    [Show full text]
  • Understanding Federal Legislation: a Section-By-Section Guide to Key Legal Considerations
    Understanding Federal Legislation: A Section-by-Section Guide to Key Legal Considerations August 18, 2020 Congressional Research Service https://crsreports.congress.gov R46484 SUMMARY R46484 Understanding Federal Legislation: A Section- August 18, 2020 by-Section Guide to Key Legal Considerations Victoria L. Killion Federal bills are increasingly complex, making them difficult to understand for the average Legislative Attorney reader and the seasoned practitioner alike. What a congressional drafter understands to be the import of a given provision could later be discussed and interpreted in committee or on the floor of the House or the Senate. If the bill is enacted, federal agencies may then consider its meaning, either behind the scenes when evaluating their own compliance with the law or through guidance, rules, or agency orders governing third parties. If a litigant challenges an agency’s interpretation of the law, a court may need to resolve the law’s meaning. Although the court’s ultimate goal is to effectuate Congress’s intent, judges may draw on different philosophies or tools to arrive at their conclusions about what the law means. A basic awareness of the rules and presumptions that apply when construing different components of a bill can help Members and congressional staff identify potential issues with the help of legislative counsel when formulating legislation or avoid interpretive pitfalls when reviewing bills proposed by other offices. For example: Titles, headings, and general statements of purpose can help to elucidate the meaning of substantive provisions in the bill, but they generally will not override the plain language of those provisions. Formal legislative findings can show whether Congress may legislate in areas typically reserved for the states or has identified harms sufficient to regulate speech or other constitutionally protected activities.
    [Show full text]
  • Law and Government in the U.S.S.R. Julian Towster
    Hastings Law Journal Volume 11 | Issue 3 Article 1 1-1960 Law and Government in the U.S.S.R. Julian Towster Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Julian Towster, Law and Government in the U.S.S.R., 11 Hastings L.J. 231 (1960). Available at: https://repository.uchastings.edu/hastings_law_journal/vol11/iss3/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. LAW AND GOVERNMENT IN THE U.S.S.R. By JULAN TOWSTER* It is impossible to assess any aspect of the Soviet polity without keep- ing in mind two things: (1) that only on the rarest occasions in the four decades of Soviet existence has the reality of Soviet life corresponded to official theory, and (2) that no event in the Soviet Union can be properly evaluated without some knowledge of its background and context. Soviet pronouncements of recent years have repeatedly emphasized the claims that the post-Stalin regime has brought about a return to: (1) "socialist legality," i.e., a guarantee of the citizens' rights and liberties, (2) popular sovereignty, i.e., genuine participation by the people in the govern- ance of the state, and (3) an entrenchment and enhancement of the status and powers of the national entities of the Soviet federation. In order to evaluate the validity of these claims we must examine-however cursorily -the background and evolution of the Soviet approach to law, federalism, and judicial functions, then consider the so-called "liberalizations" of the Khrushchev period, and finally venture a glimpse into the future of law, rights and justice in the U.S.S.R.
    [Show full text]
  • Download the United States Supreme Court
    The United States Supreme Court “If four of nine will lend an ear; An issue gray will soon be clear.” The U. S. Supreme Court hears cases at the court’s discretion. Four justices must agree to hear a case before they will accept it. This is known as granting writ of certiorari. The court often takes cases where the issue(s) have been decided in diverse ways by various lower courts - both state and federal. The U.S. Supreme Court is the chief authority of the judicial branch of government. It hears decisions from the lower federal courts and state supreme courts, and it resolves issues of constitutional and federal law. It is the ultimate authority in constitutional interpretation, and its decisions can only be changed by a constitutional amendment. All federal courts must abide by the Supreme Court’s decisions, but the Supreme Court cannot interpret state law or issues arising under state constitutions. It cannot supervise state court operations. Nine judges sit on the Court - one chief justice and eight associate justices. They are appointed for life by the President of the United States, but the U.S. Senate must approve each appointment with a majority vote. The goal of the Supreme Court is to decide cases that raise a question about the Constitution. The Court will decide if a law or action violates the Constitution. This is known as judicial review. With review, the Court can invalidate both federal and state laws that conflict with interpretation of the Constitution. Therefore, the Court has a pivotal role in American politics -as referees among the branches of government and as the ultimate authority for many of the most important issues in the country - from the economy to business, to freedom of speech and religion.
    [Show full text]