Medical and Public Health Law Site
Opinions of the Office of Legal Counsent - DOJ

U.S. Department of Justice

Office of Legal Counsel

1992 Memoranda & Opinions

Overview of Document

AUTHORITY TO USE UNITED STATES MILITARY FORCES IN SOMALIA
presiden.8 (HTML)
presiden.8 (WPD) Size: 57K

The President, in his constitutional role as Commander in Chief and Chief Executive, might reasonably and lawfully determine that it was justified to use United States Armed Forces personnel to protect those engaged in relief work in Somalia. His authority extended to using U.S. military personnel to protect Somalians and other foreign nationals in Somalia.

December 4, 1992

IMMIGRATION AND NATURALIZATION SERVICE PARTICIPATION IN COMPUTER MATCHING PROGRAM WITH THE DEPARTMENT OF EDUCATION
ins_doed.24 (HTML)
ins_doed.24 (WPD) Size: 24K

The Immigration and Naturalization Service has legal authority to participate in a computer matching program with the Department in order to verify the immigration status of alien applicants for federal student aid under Title IV of the Higher Education Act of 1965

September 21, 1992

LEGAL AUTHORITY OF THE DEPARTMENT OF THE TREASURY TO ISSUE REGULATIONS INDEXING CAPITAL GAINS FOR INFLATION
archibal.23 (HTML)
archibal.23 (WPD) Size: 144K

The Department of the Treasury does not have legal authority to index capital gains for inflation by means of regulation.

September 1, 1992

WHETHER A STATE MAY ELECT ITS UNITED STATES SENATORS FROM SINGLE-MEMBER DISTRICTS RATHER THAN AT-LARGE
colored.22 (HTML)
colored.22 (WPD) Size: 15K

Under the Seventeenh Amendment to the Constitution, a State may not constitutionally elect its United States Senators from two single-member districts rather than at large.

August 20, 1992

ENFORCEMENT JURISDICTION OF THE SPECIAL COUNSEL FOR IMMIGRATION RELATED UNFAIR EMPLOYMENT PRACTICES
immigrat.21 (HTML)
immigrat.21 (WPD) Size: 43K

Federal agencies are not included in the phrase "person or other entity" in the antidiscrimination provision of the Immigration Reform and Contol Act, 8 U.S.C. § 1324b(a)(1). Accordingly, the Special Counsel for Immigration Related Unfair Employment Practices is without authority to bring discrimination charges against federal agencies.

August 17, 1992

PROPOSED FEDERAL ABORTION LEGISLATION
kennedy.7 (HTML)
kennedy.7 (WPD) Size: 44K

The proposed legislation would enact a federal statutory regime of abortion regulation that leaves the States with substantially less regulatory authority than they have under Roe v.Wade or Planned Parenthood v. Casey.

The proposed legislation would represent a doubtful exercise of Congress' power to enforce the Fourteenth Amendment and would rest on a questionable link to Congress' power to regulate interstate commerce.

July 1, 1992

MARKETING LOANS FOR GRAINS AND WHEAT
mkt_loan20 (HTML)
mkt_loan.20 (WPD) Size: 23K

The formulas in the Food, Agriculture, Conservation, and Trade Act of 1990, under which farmers repay loans from the Department of Agriculture, contain a scrivener's error in the organization of the subsections, and the provisions should be read as if the error, which arose in the process of enrollment, had not been made..

Under section 1302 of the Omnibus Budget Reconciliation Act of 1990, marketing loan provisions that previously had been discretionary would be mandatory for the 1993 through 1995 crop years, if an agricultural trade agreement under the Uruguay Round Negotiations pursuant to the General Agreement on Tariffs and Trade were not entered into by June 30, 1992, or if this agreement had not entered into force for the United States by June 30, 1993.

June 3, 1992

CONGRESSIONAL PAY AMENDMENT
congress.17 (HTML)
congress.17 (WPD) Size: 172K

The Congressional Pay Amendment, which was originally proposed by Congress to the States for ratification in 1789, and having been ratified by three-fourths of the States, has been ratified pursuant to Article V and is accordingly now part of the Constitution.

Under 1 U.S.C. § 106b, the Archivist was, upon receipt of formal instruments of ratification from the requisite number of States, required to publish the Congressional Pay Amendment along with his certificate specifying that the Amendment has become valid, to all intents and purposes, as part of the Constitution.

May 13, 1992

FUNDING FOR THE CRITICAL TECHNOLOGIES INSTITUTE
damus.16 (HTML)
damus.16 (WPD) Size: 59K

The Department of Defense may make funds available to the National Science Foundation out of monies appropriated in the Department of Defense Appropriations Act, 1991, to support the activities of the Critical Technologies Institute during the 1992 fiscal year.

May 12, 1992

STATUTORY AUTHORITY TO CONTRACT WITH PRIVATE SECTOR FOR SECURE FACILITIES
quinlan.15 (HTML)
quinlan.15 (WPD) Size: 73K

The Federal Bureau of Prisons has statutory authority to contract with the private sector for secure facilities.

March 25, 1992

APPLICATION FOR 18 U.S.C. § 205 TO PROPOSED "MASTER AMICI"
veterans.14 (HTML)
veterans.14 (WPD) Size: 24K

18 U.S.C. § 205 precludes attorneys in the executive branch from serving as "master amici" in the Court of Veterans Appeals.

March 12, 1992

FOURTH AMENDMENT IMPLICATIONS OF MILITARY USE OF FORWARD
LOOKING INFRARED RADARS TECHNOLOGY FOR CIVILIAN LAW ENFORCEMENT
radars92.13 (HTML)
radars92.13 (WPD) Size: 93K

Forward Looking Infrared Radars (FLIR) reconnaissance of structures on private lands does not constitute a search within the meaning of the Fourth Amendment.

Department of Defense personnel engaged in such surveillance would not be subject to liability for damages in a constitutional tort action.

March 4, 1992

TRANSFERS OF FORFEITED PROPERTY TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES
law.12 (HTML)
law.12 (WPD) Size: 41K

Section 981(e)(2) of title 18 does not prevent a state or local law enforcement agency from retransferring to other state or local government agencies property that has been transferred from the federal government pursuant to that section. However, the Attorney General has authority under section 981(e) to prevent such a further transfer by imposing a contrary term of condition on the initial transfer from the federal government.

Section 881(e) of title 21 does not prevent a state or local law enforcement agency from retransferring to other state or local government agencies property that has been transferred from the federal government pursuant to that section. However, the Attorney General has authority under section 881(e) to forbid a further transfer if he determines that to do so would "serve to encourage further cooperation between the recipient State or local agency and Federal law enforcementagencies."

January 23, 1992

ISSUES RAISED BY PROVISIONS DIRECTING ISSUANCE OF OFFICIAL OR DIPLOMATIC PASSPORTS
gray.11 (HTML)
gray.11 (WPD) Size: 96K

Section 129(e) of Pub.L. No.102238 and section 503 of Pub.L.No. 102240 are unconstitutional to the extent that they purport to limit the President's ability to issue more than one official or diplomatic passport to United States government personnel.

The single-passport requirements set forth in section 129(e) and section 503 are severable from the remainder of the statutes in which they appear.

RECESS APPOINTMENTS DURING AN INTRASESSION RECESS
schmitz.10 (HTML)
schmitz.10 (WPD) Size: 38K

The President may make interim recess appointments during an intrasession recess of eighteen days.

January 14, 1992