Showing 2161–2170 of 2214

• 9/23/1952

  The Constitutional Prohibition Against the Acceptance of Gifts from Foreign Potentates

  This opinion considers the question of whether American officials receiving gifts from Prince Abdullah Al-Faisal Ab Saud (later Crown Prince and King of Saudi Arabia) were prohibited by the Emoluments Clause of the constitution. The opinion concludes that acceptance of gifts without Congressional consent would be unconstitutional and indicated that the accepted gifts should be turned over to the State Department's custody. 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/935716/download.

  9/23/1952

• 9/3/1952

  Admission of attorneys, who are alleged Communists, to practice before the Board of Immigration Appeals and the Immigration Service

  The OLC was asked whether attorneys who are otherwise in good standing may be denied admission to practice before immigration courts because of membership in the Communist party. The OLC advised the Board of Immigration Appeals that while some federal courts reference good moral character as an admission requirement, it identified no federal courts or administrative agencies that excluded applicants on the basis of Communist party membership, and suggested that the question “ought to be left primarily to the states” in their bar membership criteria.

  5/16/2022

• 8/28/1952

  Racial Segregation at Airports Developed with Financial Assistance Under the Federal Airport Act

  The OLC was asked whether airports built using federal grant money were required to integrate given a clause in the grant agreement requiring accessibility without “unjust discrimination” but the agency declined to provide an answer, citing “a long-standing departmental policy” against weighing in on “judicial questions.” The OLC did advise, however, that the Administrator of Civil Aeronautics could include a grant agreement term explicitly prohibiting discrimination for future grantees.

  5/16/2022

• 7/30/1952

  Constitutionality of an Appropriations Bill Denying Funds for Certain Civil Litigation

  Legislation directing that no funds be expended in the preparation or prosecution of a civil lawsuit by the United States against a state public utility district regarding riparian rights in a river owned by the federal government is not subject to serious constitutional objection. 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/20721/download.

  7/30/1952

• 2/19/1952

  Presidential Authority to Direct the Chairman of the Council of Economic Advisers Not to Comply With a Congressional Subpoena Seeking Testimony About Private Activities

  Although there has been a practical construction, extending back to the earliest days of this Republic, of the respective powers of the Congress and the Executive, under which the President may order his subordinates in the Executive Branch to withhold information from the Congress when he deems such action to be in the public interest, it is difficult to justify application of this principle with respect to a congressional subpoena seeking an official's testimony regarding his private activities prior to the time of his close official connection with the President. 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/20716/download.

  2/19/1952

• 1/11/1952

  Possible Removal of Japanese From Alien Enemy Classification

  This memo addressed a request from the legislative director of the Japanese Citizens League that the President issue a proclamation removing “enemy alien” classification status from Japanese residents of the United States. The opinion canvassed the views of INS, the Criminal Division, the Office of Alien Property, and the Claims Division, before explaining its view that the “real objective” of the Japanese Citizens League was to have the president terminate the state of war with Japan before the Peace Treaty was confirmed, which the OLC found objectionable.

  9/2/2022

• 7/25/1951

  Procedures followed by this Government in resolving inter-departmental administrative disputes

  This memo noted that the Department of Justice did not have any published information on the procedures followed by the Government in resolving inter-departmental administrative disputes. However, it provided citations for public opinions issued by the Attorney General that addressed the subject more generally.

  5/16/2022

• 4/6/1951

  The President's Papers

  This opinion analyzes the Federal Records Act of 1950 and explains the difference between “official” papers of presidents, which have always belonged to the government, and “personal” papers, for which title passes from the president to the government upon deposit with the GSA under § 507(e). The opinion notes that because there is no title passage provision with respect to official papers of heads of agencies, Congress likely already regarded those records as owned by the government, and notes that “removal of such papers by heads of agencies might well be a crime,” citing § 2071.

  5/16/2022

• 4/6/1951

  Deposit of the President's papers with the General Services Administrator

  This opinion analyzed the Federal Records Act of 1950 and explained the difference between “official” papers of presidents, which have always belonged to the government, and “personal” papers, for which title passes from the president to the government upon deposit with the GSA under § 507(e). The opinion noted that because there is no title passage provision with respect to official papers of heads of agencies, Congress likely already regarded those records as owned by the government, and noted that “removal of such papers by heads of agencies might well be a crime,” citing § 2071.

  5/16/2022

• 10/2/1950

  Presidential Authority to Make Recess Appointments While Incumbents Hold Over

  The President may make recess appointments to the Interstate Commerce Commission and to the Board of Directors of the Reconstruction Finance Corporation while members of those entities continue to serve in office under holdover statutes. 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/20896/download.

  10/2/1950