Showing 871–880 of 2202

• 3/15/1988

  Constitutionality of Seizing the Passports of Individuals Found to Be Importing Controlled Substances Into the United States

  A Customs Service directive to seize as evidence of a federal crime the passports of individuals found to be importing controlled substances into the United States would not implicate the Fourth or Fifth Amendments to the United States Constitution, nor give rise to any valid constitutional claims of denial of due process or deprivation of freedom to travel. 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/24046/download.

  3/15/1988

• 3/11/1988

  Statute Limiting the President's Authority to Supervise the Director of the Centers for Disease Control in the Distribution of an AIDS Pamphlet

  Statutory provision requiring the Director o f the Centers for Disease Control to distribute an AIDS information pamphlet to the public "without necessary clearance of the content by any official, organization or office" violates the separation of powers by unconstitutionally infringing upon the President's authority to supervise the executive branch. 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/24041/download.

  3/11/1988

• 3/4/1988

  Constitutionality of Amended Version of the Indian Land Consolidation Act

  As amended, the Indian Land Consolidation Act should survive a constitutional challenge under the Takings Clause of the Fifth Amendment because it does not completely abolish both descent and devise of Indian trust lands. Consistent with the Due Process Clause, the amended Act may be applied only to those allottees given a "reasonable opportunity" to arrange their affairs to avoid escheat. 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/24036/download.

  3/4/1988

• 3/2/1988

  Acceptance and Reporting of Travel Reimbursement

  This opinion answers four specific questions raised by the attorney general on travel reimbursement, such as whether the attorney general can accept reimbursement by a sponsoring person, organization, state, or foreign country for the costs incurred on official business. 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/936151/download.

  3/2/1988

• 2/25/1988

  Enforcement of the Anti-Terrorism Act of 1987

  This memo found that provisions of the Anti-Terrorism Act prohibited members of the PLO from making any purchases within the United States, effectively making it impossible for them to live in the country for any period of time.

  9/2/2022

• 2/13/1988

  Intent and Constitutionality of Legislation Prohibiting the Maintenance of an Office of the Palestine Liberation Organization in the United States

  This memo examined (1) whether Congress intended in the Anti-Terrorism Act of 1987 to close the permanent observer mission of the Palestine Liberation Organization (“PLO”) to the United Nations; (2) whether the president must adhere to Congress’ intent to close the mission or to a conflicting prior treaty obligations under international law; and (3), whether requiring such closure would be constitutional. The OLC concluded that Congress did intend to close the PLO mission, that the president must adhere to this intention despite conflicting prior treaty obligations, and that here was no constitutional bar on closure. Thus, it found that the Act was valid and that closure of the PLO mission was required unless the president chose to invoke his general foreign affairs powers or his authority to “receive Ambassadors and other public ministers” to shield the PLO mission from the Act.

  9/2/2022

• 2/1/1988

  Legal Constraints on Lobbying Efforts in Support of Contra Aid and Ratification of the INF Treaty

  The Administration may expend appropriated funds on grass-roots lobbying and assistance to private groups in support of ratification of the Intermediate-Range Nuclear Forces Treaty, but it may not communicate its support of the treaty through the undisclosed use of third parties. The President, his aides, and cabinet officials may use appropriated funds for grass-roots lobbying in support of aid to the Contras until legislation is introduced. Although activities having the principal purpose of grass-roots lobbying would be prohibited after legislation is introduced, Administration officials could still engage in a wide variety of informational activities, such as writing letters, giving speeches, and briefing opinion leaders, as long as such communications on behalf of the Contras are not made in the guise of third parties. 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/24031/download.

  2/1/1988

• 1/15/1988

  Representation of the United States Sentencing Commission in Litigation

  The Attorney General may, consistent with 28 U.S.C. § 516, permit the United States Sentencing Commission to independently present as amicus curiae its views respecting its status and authority to a court in litigation where it has been named as a party defendant. The Justice Department remains responsible for conducting the litigation, for representing the Sentencing Commission as a party defendant, and for exercising its own independent judgment as to the position of the United States on the merits of the issues involved. If the Sentencing Commission chooses independently to present its views in court, it may do so only through individuals properly appointed as officers o f the United States pursuant to the Appointments Clause of the Constitution. Although any counsel appointed to present the Sentencing Commission's position would be subject to the criminal conflict of interest laws, the consequences of coverage can be mitigated somewhat for temporary or part-time employees in the executive branch by their appointment as "special government employees" under 18 U.S.C. § 202(a). Because this designation is not available for judicial branch appointees, the Sentencing Commission may wish to ask the Attorney General to appoint as a special government employee any private counsel retained by it to represent its views in court. 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/24026/download.

  1/15/1988

• 1/12/1988

  Applicability of 18 U.S.C. §§ 212 and 213 to FDIC Examiners' Obtaining of Credit Cards From State-Chartered FDIC-Insured Nonmember Banks

  Proposed FDIC regulations allowing FDIC examiners to obtain credit cards from insured state nonmember banks (subject to the condition that those examiners are not authorized to examine the banks that have issued the cards) are consistent with the provisions of 18 U.S.C. §§ 212 and 213, prohibiting loans between a bank examiner and banks which that examiner examines, or has the authority to examine. 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/24021/download.

  1/12/1988

• 1/5/1988

  Applicability of the Federal Advisory Committee Act to Presidential Task Force on Market Mechanisms

  The Presidential Task Force on Market Mechanisms is exempt from the requirements of the Federal Advisory Committee Act. 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/24016/download.

  1/5/1988