Showing 1841–1850 of 2214

• 2/28/1973

  Rescission of Ratification of Constitutional Amendment by a State Prior to its Adoption

  In this memo, the OLC explored whether a state that ratified a constitutional amendment could later rescind its ratification. The OLC concluded that a state cannot rescind its ratification of an amendment after the amendment has been adopted through ratification by the legislature of “three fourths of the several states,” as required by Article Five of the constitution, but did not take a position on whether a state could rescind its ratification prior to that point.

  9/2/2022

• 1/30/1973

  Application of the Freedom of Information Act to Certain Entities Within the Executive Office of the President

  This opinion reviews whether certain entities within the Executive Office of the President are not "agencies" as defined by the Administrative Procedure Act and are therefore not subject to the Freedom of Information Act (FOIA). It concludes that the White House office, Domestic Council, National Security Council, Council on Internaitonal Economic Policy, and possibly Council of Economic Advisers are not considered "agencies" and thereby not subject to the FOIA. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/page/file/935936/download.

  1/30/1973

• 1/30/1973

  Application of the Freedom of Information Act to the President

  In this memo, the OLC explored the application of the Freedom of Information Act to the president of the United States. The OLC concluded that allowing the word “agency” to include the President would lead to serious constitutional questions about the president’s executive power. It emphasized that a construction exempting presidential documents from FOIA would be in accordance with the wording of the text, its legislative history, and sound administration.

  9/2/2022

• 12/21/1972

  Availability of Executive Privilege Where Congressional Committee Seeks Testimony of Former White House Official on Advice Given President on Official Matters

  This opinion concludes that the doctrine of executive privilege may be invoked with respect to the testimony of a former member of the White House staff concerning advice he gave to the president on official matters during employment. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/page/file/1225971/download.

  12/21/1972

• 11/20/1972

  Presidential Authority to Require the Resignations of Members of the Civil Rights Commission

  Members of the Civil Rights Commission serve at the pleasure of the President. The President may therefore require their resignations. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20846/download.

  11/20/1972

• 11/14/1972

  Applicability to President of Restriction on Employment of Relatives

  This memo addresses whether the president can appoint a relative to a White House staff position, and attaches past OLC opinions dealing with the Federal anti-nepotism statute (5 U.S.C. § 3110). The memo reiterates the conclusion of those prior opinions that 5 U.S.C. 3110 is applicable to positions on the White House staff, but suggests that the statute may be unconstitutional if applied to block the appointment of Cabinet-level or high-ranking officials. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at https://justice.gov/olc/page/file/1009436/download.

  11/14/1972

• 11/4/1972

  Legal questions concerning restrictions on and arrest of demonstrators at O'Hare Field

  The Secret Service asked the OLC about its authority to restrict demonstrators at the military complex adjacent to O’Hare Field in Chicago. The OLC opined that the base commander could not prevent certain people from attending a political rally open to the public and could not subject people to searches without probable cause, even if signs warned them that they were subject to being searched. The OLC also informed the base commander that the Chicago Police Department would not have jurisdiction to arrest attendees at the base because the base is within the exclusive jurisdiction of the federal government.

  5/16/2022

• 8/23/1972

  Effect of the Supreme Court's Decision in Furman v. Georgia on Future Imposition of the Death Penalty

  In this memo the OLC explored the possible consequences that arose from the Supreme Court’s decision in Furman v. Georgia on future impositions of the death penalty. The OLC examined the position of each justice as it related to Furman and delineated four possible approaches to death penalty legislation in Furman's wake.

  5/16/2022

• 8/21/1972

  Petition to decontrol marihuana; Interpretation of Section 201 of the Controlled Substances Act of 1970

  In this memo, the OLC answered a question from the Director of the Bureau of Narcotis and Dangerous Drugs as to whether a petition to decontrol or lessen control of marihuana must be accepted by the Attorney General without regard to the controls required by the Single Convention on Narcotic Drugs, to which the United States is a party. The OLC concluded that the Attorney General may reject the petition to decontrol marihuana without following the referral provisions of section 201, due to Congress's affirmative desire to ensure that the laws of the United States comply with international obligations.

  7/3/2024

• 8/17/1972

  Random Searches to Prevent Skyjacking

  In this memo, the OLC considered possible constitutional problems arising from a proposal to conduct random searches on personal effects and carry-on luggage of airline passengers as a means of deterring and detecting potential hijackers. The OLC concluded that random searches of carry-on luggage, purses, and similar items, not including frisking the individuals, had a good chance of surviving constitutional challenges. Additionally, “random searches” could be held as interim measures pending full implementation of the FAA system.

  5/16/2022