Showing 1911–1920 of 2214

• 7/10/1969

  Analysis of Constitutionality of Proposed Voting Rights Act

  This document is a memorandum to the Attorney General analyzing the constitutionality of the proposed Voting Rights Act amendments of 1969. It discusses the extension of the ban on literacy tests to all 50 states and the prohibition against extended state residency requirements for presidential elections. The conclusions reached in the document include the defense of constitutionality under the 14th and 15th amendments, as well as the potential constitutional problems raised by the proposed legislation. The document also presents questions regarding the nationwide prohibition of literacy tests and the imposition of state residency requirements for presidential elections.

  5/16/2022

• 7/2/1969

  Jurisdictional dispute concerning functions of Customers and Narcotics Bureaus

  The document discusses a jurisdictional dispute between the Customs and Narcotics Bureaus regarding investigative authority for narcotics, marijuana, and dangerous drugs in foreign countries. The conclusion reached is that the guidelines agreement imposing limitations on the investigative jurisdiction of the Bureau of Customs remains in effect even after the functions of the Bureau of Narcotics have been transferred to the Department of Justice. The document presents questions about the legality of a directive issued by the Assistant Secretary of the Treasury, which departs from the agreed-upon limitations, and whether the directive falls outside the scope of his authority. It also raises the question of how to resolve the jurisdictional dispute, suggesting that successful negotiation or intervention of higher authority may be necessary.

  7/27/2020

• 7/1/1969

  Constitutional memorandum concerning pretrial detention

  The document is a draft memorandum discussing the constitutional issues surrounding pretrial detention. The author seeks feedback on the draft, particularly regarding the vagueness of the phrase "will reasonably assure the safety of any other person or the community" in the proposed bill. The author also raises concerns about the coverage of drug offenses in the memorandum and suggests seeking input from another colleague for a draft argument in support. The document presents questions about the constitutionality of the proposed bill and seeks input on how to clarify the language to ensure it aligns with constitutional principles.

  7/27/2020

• 6/27/1969

  Congressional Legislation Directed Against Obstruction of Federally Supported Colleges

  The document discusses various legislative proposals before Congress aimed at addressing disruption of federally assisted colleges and universities, raising constitutional questions about Congress' power and the delegation of federal crimes. The conclusion reached is that while Congress has the power to spend for the general welfare and punish interference with federally assisted programs, the proposed bills go beyond this scope and raise serious constitutional questions. The document presents questions about the extent of Congress' constitutional power under the general welfare and necessary and proper clauses, as well as the power of Congress to delegate the power to define federal crimes. It also raises concerns about the extensive federal jurisdiction over all aspects of the operations of federally assisted educational institutions and the delegation of essential legislative functions.

  7/27/2020

• 6/27/1969

  Potential Liability of the Federal Government for Failure to Protect Witnesses and Potential Witnesses

  The document discusses the potential liability of the Federal Government for failure to protect witnesses and potential witnesses. It cites the Schuster v. City of New York and Swanmer v. United States cases to conclude that both the Federal and local governments have a duty to protect their witnesses from reprisal, and may be liable for damages resulting from their negligent breach of that duty. The document also presents questions for review, including the degree of care required in providing protection, the difficulty of proving proximate cause in cases involving witnesses in organized crime prosecutions, and the choice of law problem in these cases. It also discusses the potential need for federal courts to fashion a federal rule or attempt to apply state law in Tort Claims Act suits involving the duty to protect witnesses.

  7/27/2020

• 6/19/1969

  Public Defender Service for the District of Columbia

  The document is a review of a draft bill regarding the provision of legal counsel to indigent convicts seeking post-conviction relief. The conclusion reached is that there is currently no constitutional requirement for taxpayers to bear the expense of providing counsel in such cases, except in exceptional circumstances. The document also questions the authorization for the Public Defender Service to provide representation in "collateral proceedings," expressing concerns about the potential dissipation of resources and the need for staff expansion to provide more fundamental services.

  7/27/2020

• 6/18/1969

  Foreign State Immunity Legislation

  The document discusses the Foreign State Immunity Legislation and presents the views of the Office of Legal Counsel on the draft bill. The conclusion reached is that the draft bill should be submitted to Congress in its present form, with suggested changes. The document also raises questions about whether the bill rests primarily upon the diversity clause or the arising under clause of Article 3, and whether the bill creates a federal cause of action or merely provides a forum for a claim based primarily on State law. These questions need to be addressed and modified in the report accordingly.

  7/27/2020

• 6/16/1969

  Whether the number of White House Staff members paid in excess of GS‐18 can be increased beyond the fourteen positions established by 3 U.S.C. 105

  The document is a response to a memorandum inquiring about increasing the number of White House Staff members paid in excess of GS-18. The conclusion reached is that the Special Projects appropriation for the White House Office is available for that purpose, as well as the special $250,000 fund in the appropriation for the White House Office, Salaries and Expenses. The document presents questions for review regarding the statutory sources enabling the President to fix the compensation of members of the White House Staff in excess of GS-18, and the interpretation of appropriation acts containing language with respect to Special Projects.

  10/27/2020

• 6/11/1969

  Request for Opinion [regarding section 406 of the Omnibus Crime Control and Safe Streets Act]

  The document is a response to a request for an opinion on the eligibility of federal law enforcement officers for educational assistance under the Omnibus Crime Control and Safe Streets Act. The conclusion reached is that federal law enforcement personnel are eligible for the benefits under section 406, as there are no explicit exclusions for them in the language of the act. The document also presents questions about the possible conflict of interest and the implications of allowing Law Enforcement Assistance Administration (LEAA) personnel to participate in the program on an "ad hoc basis." It also raises the issue of whether the Federal Training Act of 1958 or the Conflict of Interest prohibitions would affect the eligibility of federal law enforcement personnel for the educational assistance benefits.

  7/27/2020

• 6/11/1969

  Right of Government employees to submit complaints to the General Accounting Office

  The document is a letter from William H. Rehnquist, Assistant Attorney General, to Mr. Anthony L. Mondello, General Counsel of the Civil Service Commission, discussing the right of Government employees to submit complaints to the General Accounting Office. The letter acknowledges that there are instances where this right exists, but also recognizes potential problems, such as matters involving classified information. It suggests that guidelines for Federal employees should be developed based on knowledge of the practices of various agencies and the types of actual problems likely to occur. The letter concludes with a suggestion for the Civil Service Commission to undertake a study of the practices and experiences of Executive departments and representative agencies as a preliminary step in formulating guidelines.

  7/27/2020