Showing 2111–2120 of 2202

• 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

  5/16/2022

• 11/5/1957

  Applicability of Executive Privilege to Independent Regulatory Agencies

  A case cannot be made for absolute exclusion of the so-called independent regulatory agencies from the doctrine of executive privilege. Although free from executive control in the exercise of quasi-legislative and quasi-judicial functions, independent regulatory agencies frequently exercise important functions executive in nature. As to the latter functions, the doctrine of executive privilege is as much applicable to regulatory commissions as to the executive departments and officers of the government. 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/20746/download.

  11/5/1957

• 10/15/1957

  Appointees to the Civil Rights Commission and Possible Conflicts of Interest

  The opinion concludes that President Eisenhower may constitutionally and legally appoint candidates to the Civil Rights Commission during a congressional recess. However, the opinion raises concerns about the proposed appointments, including the implication for conflict-of-interest statutes, dual employment statutes, political backlash and perceived impropriety. 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/935726/download.

  10/15/1957