(Slip Opinion) Ratification of the Equal Rights Amendment Congress has constitutional authority to impose a deadline for ratifying a proposed constitutional amendment. It exercised this authority when proposing the Equal Rights Amendment and, because three-fourths of the state legislatures did not ratify before the deadline that Congress imposed, the Equal Rights Amendment has failed of adop- tion and is no longer pending before the States. Accordingly, even if one or more state legislatures...
(Slip Opinion) Ratification of the Equal Rights Amendment Congress has constitutional authority to impose a deadline for ratifying a proposed constitutional amendment. It exercised this authority when proposing the Equal Rights Amendment and, because three-fourths of the state legislatures did not ratify before the deadline that Congress imposed, the Equal Rights Amendment has failed of adop- tion and is no longer pending before the States. Accordingly, even if one or more state legislatures...
(Slip Opinion) House Committees’ Authority to Investigate for Impeachment The House of Representatives must expressly authorize a committee to conduct an impeachment investigation and to use compulsory process in that investigation before the committee may compel the production of documents or testimony in support of the House’s power of impeachment. The House had not authorized an impeachment investigation in connection with impeachment-related subpoenas issued by House committees before...
(Slip Opinion) Exclusion of Religiously Affiliated Schools from Charter-School Grant Program A provision of the Elementary and Secondary Education Act of 1965 that excludes religiously affiliated charter schools from participating in the Expanding Oppor- tunity Through Quality Charter Schools Program discriminates on the basis of religious status in violation of the Free Exercise Clause. February 18, 2020 MEMORANDUM OPINION FOR THE PRINCIPAL DEPUTY GENERAL COUNSEL DEPARTMENT OF EDUCATION You...
(Slip Opinion) Applicability of Section 410 of the Amtrak Reform and Accountability Act of 1997 to the Gateway Development Commission New Jersey’s proposed diversion of a portion of its annual payment to Amtrak to a bridge project subject to the authority of the Gateway Development Commission, an interstate entity established by New York and New Jersey, would violate section 410 of the Amtrak Reform and Accountability Act of 1997, which prohibits States from carrying out an interstate compact...
(Slip Opinion) Applicability of Section 410 of the Amtrak Reform and Accountability Act of 1997 to the Gateway Development Commission New Jersey’s proposed diversion of a portion of its annual payment to Amtrak to a bridge project subject to the authority of the Gateway Development Commission, an interstate entity established by New York and New Jersey, would violate section 410 of the Amtrak Reform and Accountability Act of 1997, which prohibits States from carrying out an interstate compact...