Reading Room Document

Constitutionality of Amendment to the Fair Housing Act

Theisdocument is a memorandum discussing the proposed amendment to the Fair Housing Amendments Act of 1988, specifically the Fish II amendment. The conclusion reached in the document is that the proposed section 812(0) of the amendment raises constitutional problems, as it would limit the Secretary's discretion in deciding whether a civil action is meritorious. The questions presented for review include whether the proposed amendment interferes with the President's power to take care that the laws are faithfully executed, and whether the Secretary should retain unfettered discretion in deciding when to file a suit.

June 15, 1988