Showing 691–700 of 2202

• 12/6/1993

  Constitutionality of Vesting Magistrate Judges With Jurisdiction Over Asset Forfeiture Cases

  A statute vesting magistrate judges with jurisdiction over asset forfeiture cases would violate Article 111 of the Constitution. 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/20436/download.

  12/6/1993

• 11/10/1993

  Whether Missouri Municipalities May Tax the Portion of Federal Salaries Voluntarily Contributed to the Thrift Savings Plan

  Intergovernmental tax immunity does not preclude municipalities in Missouri from levying an earnings tax on the voluntary contributions of federal employees to the Thrift Savings Plan. 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/20441/download.

  11/10/1993

• 11/3/1993

  The Legal Significance of Presidential Signing Statements

  Many Presidents have used signing statements to make substantive legal, constitutional, or administrative pronouncements on the bill being signed. These uses of Presidential signing statements generally serve legitimate and defensible purposes. 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/20446/download.

  11/3/1993

• 10/29/1993

  Constitutionality of Health Care Reform

  The proposed Health Security Act is well within the authority of Congress under the Commerce Clause, and it does not violate Tenth Amendment or other principles of federalism. The proposal contains no unconstitutional takings of private property or infringement of liberty interests. The proposed delegation of administrative authority to the National Health Board, and, from it, to state alliances, is not an impermissible delegation of legislative authority. 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/20451/download.

  10/29/1993

• 10/28/1993

  Applicability of the Emoluments Clause to Non-Government Members of ACUS

  The Emoluments Clause of the Constitution prohibits non-government members of the Administrative Conference of the United States from accepting, absent Congress's consent, a distribution from their partnerships that includes some proportionate share of the revenues generated from the partnership's foreign government clients. Non-government members of ACUS are also generally forbidden, absent Congress's consent, from accepting payments from commercial entities owned or controlled by foreign governments. 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/20456/download.

  10/28/1993

• 10/18/1993

  Liability of the United States for State and Local Taxes on Seized and Forfeited Property (II)

  In civil forfeiture proceedings (under 21 U.S.C. § 881), the United States is obligated to pay liens for state and local taxes accruing after the commission of the offense leading to forfeiture and before the entry of a judicial order of forfeiture, if the lien-holder establishes, before the court enters the order of forfeiture, that it is an innocent owner of the interest it asserts. In criminal forfeiture proceedings (under 18 U.S.C. § 1963 or 21 U.S.C. § 853), the United States may not pay such liens because state and local tax lien-holders are not bona fide purchasers for value of the interests they would assert, and therefore do not come within any applicable exception to a statute that, upon entry of a court's final order of forfeiture, vests full ownership retroactively in the United States as of the date of the offense. 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/20461/download.

  10/18/1993

• 10/13/1993

  Immigration Consequences of Undocumented Aliens' Arrival in United States Territorial Waters

  Undocumented aliens interdicted within the twelve-mile zone that comprises the United States's territorial sea are not entitled to a hearing under the exclusion provisions of the Immigration and Nationality Act. The Immigration and Naturalization Service had the authority to promulgate an interpretative rule construing the "territorial waters" of the United States, as referred to in section 287 of the INA, to extend for twelve nautical miles. 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/20466/download.

  10/13/1993

• 9/23/1993

  Reimbursement for Costs of Attending Certain Banquets

  Employees in the United States Attorneys offices may properly be reimbursed for the costs of attending retirement banquets for state law enforcement officials under appropriate circum stances. However, reimbursement for attendance at such functions should be limited to circumstances where the nature of the ceremonial event in question provides good reason to believe that the employee's attendance advances the authorized functions or programs of the office. 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/20476/download.

  9/23/1993

• 9/23/1993

  Suspension of a United States Marshal

  With the prior approval of the President, the Attorney General may suspend a United States Marshal without pay. During the period of a United States Marshal's suspension, the Attorney General may designate an Acting United States Marshal to carry out the duties of the office. 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/20471/download.

  9/23/1993

• 9/21/1993

  Disclosure of Grand Jury Matters to the President and Other Officials

  The Attorney General may disclose grand jury material covered by Rule 6(e) of the Federal Rules of Criminal Procedure to the President and members of the National Security Council where such disclosure is for the purpose of assisting the Attorney General in her enforcement of federal criminal law. Although under those circumstances such disclosure may be made without prior judicial approval, the names of those receiving the grand jury material must be submitted to the court that impaneled the grand jury in question. There are also circumstances where the President's constitutional responsibilities may provide justification for the Attorney General to disclose grand jury matters to the President independent of the provisions of Rule 6(e). Such circumstances might arise, for example, where the Attorney General learns through grand jury proceedings of a grave threat of terrorism, implicating the President's responsibilities under Article II of the Constitution. 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/20481/download.

  9/21/1993