Showing 2121–2130 of 2214

• 8/10/1960

  President's Authority to Deal with Racial Discrimination in Housing Projects Constructed with the Aid of the Federal Government

  This opinion concluded that the President had the authority to direct all federal housing agencies to deny funding to “any housing or housing project in connection with which persons are excluded on the basis of their race, color, or creed,” despite the fact that legislative proposals to eliminate discrimination in federal housing failed in 1949, 1953, and 1960.

  5/16/2022

• 5/10/1960

  Federal Authority to Cope with Possible Armed Clash Between Local Police Forces and Negro Demonstrators

  This opinion discussed the federal government’s power to address “a tense racial situation in Birmingham, Alabama” resulting from “claimed racial inequality” and “widespread demonstrations in various parts of the South, particularly aimed at racial segregation in public restaurants.” The opinion explained that the federal government might be able to seek injunctive relief from the courts to address police force against protestors, even without specific statutory authorization. The opinion also advised that police offices might be prosecuted if their “real purpose was to deprive Negro demonstrators of their Fourteenth Amendment rights to freedom of assembly,” although it noted that prosecution may not be effective.

  5/16/2022

• 1/18/1960

  Extraterritorial effect of criminal laws of the United States upon its citizens for acts committed outside the United States

  In this memo, the OLC addressed whether federal law prohibited an American citizen from bribing a foreign official, and whether Congress could constitutionally prohibit that practice. The OLC concluded that there was no federal law which made the bribery of an official of a foreign government by an American citizen a crime. It also concluded that there was no constitutional bar against legislation criminalizing bribing a foreign government outside the jurisdiction of the United States. Lastly, it concluded that persuasive arguments could be made that such a legislation was in the public interest.

  5/16/2022

• 8/19/1958

  Responsibility of the President to Sign Bills Passed by the House and the Senate

  This opinion concludes that President Eisenhower can sign his initials, rather than his full name, in approving bills passed by Congress. 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/935761/download.

  8/19/1958

• 5/8/1958

  Authority of President to Keep Troops in Little Rock

  This memo concluded that the President had authority to maintain the presence of federal troops in Little Rock following the Little Rock Nine crisis absent any specific court order if he concluded there were a “high probability of serious disorder if the troops were removed.” If, however, a court ruled that troops were not needed, the opinion advised that the President’s maintenance of troops would present “grave constitutional questions . . . which should, if at all possible, be avoided.”

  5/16/2022

• 2/24/1958

  Constitutionality of Enrolled Bill Restricting the Withdrawal of Public Land for National Defense

  The constitutionality of an enrolled bill providing that withdrawals of public lands for national defense purposes shall not become effective until approved by act of Congress involves a question as to the relationship between the President's constitutional powers as Commander in Chief and the constitutional authority of Congress over the public lands. The exception that would make the enrolled bill's restrictions inapplicable in time of national emergency declared by the President may be adequate to resolve whatever doubt there may be as to the constitutionality of the bill in favor of a conclusion that it makes sufficient provision for the exercise in time of national emergency of the President's powers as Commander in Chief. 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/20751/download.

  2/24/1958

• 2/18/1958

  Historical survey regarding gifts from foreign monarchs and governments to Government officers

  This opinion examines the history of regulations on U.S. officials receiving decorations or gifts from foreign governments, from the Articles of Confederation to Executive Order No. 7577 in 1937. 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/935756/download.

  2/18/1958

• 2/14/1958

  "Necessary and Proper" Clause of the Constitution

  The attorney general requested an analysis of the “necessary and proper clause,” including (a) the nature of the authorization to Congress under the clause; (b) “the extent to which the basic power has to be established; (c) and whether or not it [was] a grant of original power, or merely authority to carry out the enumerated powers.” The OLC concluded that: (a) as illustrated in McCulloch v. Maryland, the clause gives the federal government the discretion to pass legislation as long as the purpose of the legislation was legitimate and within the scope of the constitution, and the "means" of achieving that goal through legislation are "appropriate"; (b) that Congress has the "basic power" to enact legislation that is has "some relation between the means" and the purpose of the legislation; and (c) that the clause is not an independent grant of original power.

  5/16/2022

• 1/31/1958

  The Civil Rights Act of 1957

  This memo described the legislative, procedural, and political background that led to the passage of the Civil Rights Act of 1957, which created the Civil Rights Division of the Justice Department, added new protections for voting rights, and gave the Attorney General authority to litigate or intervene in lawsuits to protect voting rights.

  5/16/2022

• 12/27/1957

  Searches and Seizures

  This document discusses the impact of the Supreme Court's decision in Mallory v. United States on the power of FBI agents to conduct consent searches of a defendant's premises after arrest and before arraignment. The document concludes that the Mallory decision does not prohibit all consent searches made between arrest and arraignment. It also presents the question of whether evidence obtained through a search made with the defendant's consent after confession should be admissible. The document provides examples of previous court decisions and principles to support the conclusion that freely consented searches made between arrest and arraignment are not prohibited.

  5/16/2022