Showing 2151–2160 of 2202

• 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

• 3/17/1949

  Possible statehood for Hawaii

  This memo examines the constitutionality of certain provisions in a Hawaiian statehood bill which relate to the establishment of a federal district court in the new state. Among other considerations, it asks whether the two incumbent federal judges of the territorial “legislative court” would retain their offices as federal judges of the new “Article III court,” or whether new appointments would be necessary. The memo concludes that new appointments by the president and Senate are likely required by the constitution.

  5/16/2022

• 2/4/1949

  Trial of American Citizens Before Courts Established by the American Military Government in Germany

  This memo explained the process afforded to American citizens tried before military courts, including the primary distinction that military courts do not provide a right to a jury trial. The memo also proposed two alternative procedures for American civilians accused of crimes abroad, including trial in German courts and American ones.

  9/2/2022