Law Library of Congress: Research Reports

Current Legal Topics - Constitutional Provisions on Women's Equality

The Law Library of Congress is proud to present a new report, Constitutional Provisions on Women's Equality.

Executive Summary
In many countries of the world, the national constitution includes language that proclaims women's equality, states anti-discrimination policies, or both. The following report, presented in list format, offers the jurisdictions that include such language in their constitution, as well as direct citations to where it can be found.

Visit our site for the full report: http://www.loc.gov/law/help/women-equality.php

Current Legal Topics - New Zealand: General Elections

The Law Library of Congress is proud to present a new report, New Zealand: General Elections.

Executive Summary
This report provides information on the conduct of general elections in New Zealand. It includes discussion of the "mixed member proportional" electoral system, which is the subject of a referendum that will coincide with the 2011 election. Other matters covered include voter registration and eligibility rules, voting processes, the existence of separate electoral districts and an electoral roll for Maori voters, campaign finance and advertising laws, and responsibilities for electoral administration and oversight.

Visit our site for the full report: http://www.loc.gov/law/help/new_zealand_elections.php

Egypt: Pending Charges Against Former President Mubarak and Potential Legal Ramifications

The Law Library of Congress is proud to present a new item, Egypt: Pending Charges Against Former President Mubarak and Potential Legal Ramifications.

After the fall of Egyptian President Hosni Mubarak and his regime on February 11, 2011, political activists and the Egyptian public have not stopped protesting in downtown Cairo's Tahrir Square. The main purpose of these ongoing protests is to pressure the caretaker government to put the main figures of the Mubarak regime on trial, including the former Ministers of Interior, Tourism, Information, Finance, Industry, Trade, and Housing. Protestors are calling for the trial not only of these people but also of former President Mubarak and his family.

Under the pressure of these continuous demonstrations, the caretaker government arrested all the aforementioned ministers as well as other individuals loyal to the regime. The government is investigating whether these individuals are guilty of embezzlement of public funds, abuse of power, and illegal profiteering. This article discusses the charges of abuse of power and illegal profiteering against Mubarak, his wife, and two sons.

Visit our site for an introduction to the issue, the investigation, charges and penalties, burden of proof, and concluding remarks.

Legal Research Guide: Egypt

The Law Library of Congress is pleased to present this new Legal Research Guide to Egypt. The guide includes an introduction, official sources of the law, the legislative process, the court system, and web resources.

Current Legal Topics: Nigeria: Election Laws

The Law Library of Congress is proud to present a new report, Nigeria: Election Laws.

Executive Summary
In preparation for the 2011 elections, Nigeria has made various changes to laws governing elections, mainly the Electoral Act and the Constitution. Among the changes are steps taken to guarantee the independence of the Independent National Elections Commission (INEC) and to reorganize Election Tribunals and their powers. The issue of what amounts to a full term of a governorship, an issue that has recently been a subject of litigation before federal courts, has also been finally settled through a Constitutional amendment.

Visit our site for the full report: http://go.usa.gov/b2c.

For related resources on the Nigerian elections, see:

-Nigeria: Constitutionality of Provisions of Electoral Act 2010 Challenged in Court http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205402607_text

-Nigeria: INEC Appeals Court Ruling Exempting Five States from Upcoming Gubernatorial Elections http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205402614_text

-Nigeria: Court of Appeals Upholds High Court Ruling, No Gubernatorial Elections in Five States http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205402631_text

-Election Season in Nigeria http://blogs.loc.gov/law/2011/04/election-season-in-nigeria/

Current Legal Topics: Lebanon: Constitutional Law and the Political Rights of Religious Communities

The Law Library of Congress is proud to present a new report, Lebanon: Constitutional Law and the Political Rights of Religious Communities.

Executive Summary
The Lebanese constitution of 1926, as amended, is still in force today. Its main feature is the representation given to the various religious communities in public employment, the formation of government, and the selection of the legislature. It guarantees basic individual rights and freedoms and provides for a parliamentary form of government. The major amendments agreed to in 1989 shifted the balance of executive power from the Presidency of the Republic to the Council of Ministers. In 2008 following a military operation undertaken by Hizbullah, an agreement among the main political parties was concluded in Doha. This agreement reflected a de facto acknowledgement that no major decisions by the Lebanese government can be made without the consent of all major religious communities, no matter how large the majority supporting the government may be.

Visit our site for the full report: http://go.usa.gov/4Lh.

Current Legal Topics: Israel: Criminal and Ethical Aspects of Municipal Rabbis' Letter Concerning the Sale or Rental of Property in Israel to Non-Jews

The Law Library of Congress is proud to present a new report, Israel: Criminal and Ethical Aspects of Municipal Rabbis' Letter Concerning the Sale or Rental of Property in Israel to Non-Jews.

This report analyzes the criminal and ethical aspects of a letter published by fifty municipal rabbis in Israel alleging that Jewish law prohibits the sale or rental of property in Israel to non-Jews. It suggests that the publication of the letter may have constituted an offense under Israel's penal law and may also subject its signatories to ethical penalties. It further suggests that at least with regard to one of the signatories, an indictment under the Penal Law is highly likely.

Visit our site for the full report: http://go.usa.gov/YzH.

Current Legal Topics: New Zealand: Maori Culture and Intellectual Property Law

The Law Library of Congress is proud to present a new report, New Zealand: Maori Culture and Intellectual Property Law.

The protection of the traditional cultural expressions of indigenous people from inappropriate use raises issues relating to the differences between standard intellectual property concepts and the "worldview" of such groups. In New Zealand, Maori claims regarding rights to "guardianship" of their cultural knowledge have been expressed in the context of the guarantees in the Treaty of Waitangi. Some recognition of these interests can be seen in amendments to intellectual property laws. However, there remain questions regarding the protection of expressions of culture that are considered in the public domain, and that are used commercially and non-commercially in both the domestic and international settings.

Visit our site for the full report: http://go.usa.gov/1d5.

Current Legal Topics: Indonesia Inter-Religious Marriage

The Law Library of Congress is proud to present a new item on inter-religious marriage in Indonesia.

The Indonesian marriage law has been interpreted as prohibiting marriage between people who follow different religions. However, this interpretation is disputed by some scholars, and the Supreme Court of Indonesia has essentially found that there is a "legal vacuum" in this area. In practice, it has been reported that the law and administrative processes make it difficult to register an inter-religious marriage. Couples may therefore choose to marry overseas or one party may decide to convert to the religion of the other. The laws relating to divorce also distinguish between marriages conducted under different religions, requiring that an application be submitted to either a General Court or a Religious Court depending on the religion involved.

Visit our site for an introduction to the issue, details of the prohibition of inter-religious marriage under the 1974 marriage law, divorce laws, and concluding remarks.

Current Legal Topics: United Kingdom General Election

The Law Library of Congress is proud to present a new item on the United Kingdom general election. On April 6, 2010, Prime Minister Gordon Brown announced that a General Parliamentary Election would be held on May 6, 2010. Visit our site for an introduction to the election and information on eligibility to vote, registering to vote, how votes are received, multilingual ballots, oversight of elections, campaign financing, and a hung parliament.

Current Legal Topics: Law Day

The Law Library of Congress presents this updated research guide on Law Day. Law Day is a national day to celebrate the rule of law and its contributions to the freedoms Americans enjoy.

Also, in recognition of Law Day the Law Library of Congress will present a program titled "You Be the Judge: Cross-Cultural Issues in the Courts." The two-hour program will begin at noon on Monday, May 3, in the Mumford Room, of the Library's James Madison Building, 101 Independence Ave. S.E., Washington, D.C.

For more information about our event, visit http://go.usa.gov/iQw.

France: Highlights Of Parliamentary Report On The Wearing Of The Full Veil (BURQA)

The Law Library of Congress is proud to present a new item focusing on the wearing of the full veil in France.

On January 26, 2010, the President of the National Assembly published on the Assembly website the report prepared by the Parliamentary Commission to Study the Wearing of the Full Veil in France.

When War Begins: Misleading Statements by Presidents

The Law Library of Congress is proud to present a new statement focusing on war initiation. It is available in its entirety in PDF on our website.

Louis Fisher, "When War Begins: Misleading Statements by Presidents." A House subcommittee in 2009 held a hearing on legislation designed to apply criminal penalties to Presidents and executive officials who mislead Congress and the American people on the need to go to war. This article reviews examples from the Mexican War in 1846 to the Iraq War of 2003 where misleading and false statements from the executive branch led the country into war. The framers would not have been surprised by that pattern. It was for that reason they placed the decision to initiate war in Congress and the deliberative process, not in legislative deference to executive assertions.

Current Legal Topics: Judicial Interpretations of Egan

The Law Library of Congress is proud to present a new article focusing on executive privilege. It is available in its entirety in PDF on our U.S. Constitution website.

Louis Fisher, "Judicial Interpretations of Egan," November 13, 2009. The Supreme Court's decision in Department of the Navy v. Egan, 484 U.S. 518 (1988), is frequently cited to justify broad presidential powers over national security and classified documents. The ruling has caused confusion in the courts because initially the case began as one of statutory construction and was briefed with that understanding. However, when the decision was issued it added constitutional analysis of Article II presidential powers, while cautioning that the scope of executive authority depends on what Congress enacts in law.

Current Legal Topics: The Education of Non-Native Language Speaking Children

This report from the Law Library of Congress discusses programs for the education of school-age, non-native language speakers in England, European Union, France, Israel, and Japan.

Honduras: Constitutional Issues and Authorities

Honduras: Constitutional Issues and Authorities is now available from the Law Library of Congress. Below is a brief description of both sections. Visit our site to read the full report.

Honduras: Constitutional Law Issues

The Supreme Court of Honduras has constitutional and statutory authority to hear cases against the President of the Republic and many other high officers of the State, to adjudicate and enforce judgments, and to request the assistance of the public forces to enforce its rulings. The Constitution no longer authorizes impeachment, but gives Congress the power to disapprove of the conduct of the President, to conduct special investigations on issues of national interest, and to interpret the Constitution.

In the case against President Zelaya, the National Congress interpreted the power to disapprove of the conduct of the President to encompass the power to remove him from office, based on the results of a special, extensive investigation. The Constitution prohibits the expatriation of Honduran citizens.

Honduran Constitutional Crisis: Applicable Authorities

This list of authorities prepared by the staff of the Law Library of Congress identifies Honduran legal documents considered relevant to the events of the summer of 2009, which resulted in the removal of a sitting President. The list provides documentation concerning the artículos pétreos (unamendable provisions) of the Honduran Constitution; the Fiscal General de la República (Chief Prosecutor) as a guarantor of the Constitution; the jurisdiction of the Court of Administrative Litigation (Juzgado de Letras de lo Contencioso-Administrativo) in proceedings against public administration officials; and both criminal and congressional procedures for the review of the conduct of high officers of the State and Deputies.

Current Legal Topics: War Initiation Section Added

The Law Library of Congress has added a War Initiation section to the United States Constitution website. The following items are available in PDF:

Statement by Louis Fisher, appearing before the House Committee on the Judiciary, "The Executive Accountability Act of 2009," July 27, 2009. H.R. 743 would apply criminal penalties to Presidents and executive officials who knowingly and willfully mislead Congress or the people of the United States for the purpose of gaining support for the use of U.S. armed forces. This testimony discusses the framers' intent on initiating war, previous examples beginning with the Mexican War when Presidents used misleading statements to justify war, and other values to be weighed in considering this legislation. The testimony concludes that the bill does not violate the Bill of Attainder Clause and does not represent a prohibited legislative veto, but offers some proposed changes for H.R. 743.

Louis Fisher, "The Mexican War and Lincoln's 'Spot Resolutions,'" August 18, 2009. President James Polk advised Congress and the American people on May 11, 1846 that a military clash between U.S. and Mexican forces occurred on "American soil." Two days later Congress declared war on Mexico. Members of the Whig Party charged that Polk had been misleading in speaking about American soil if the fighting took place on disputed territory. On January 3, 1848, the House of Representatives passed an amendment stating that the Mexican War had been "unnecessarily and unconstitutionally" begun by Polk. After the war, Polk appeared to concede that the initial battle occurred on land possessed by Mexico.

Louis Fisher, "Destruction of the Maine (1898)," August 4, 2009. After the explosion of the American battleship Maine on February 15, 1898, a naval board of inquiry determined that the blast resulted from a mine placed outside the ship. The board could not fix responsibility on who might have placed the mine there. The report helped build congressional and public support for a declaration of war against Spain, which came on April 25. Doubts were raised at the time about the existence of a mine. Some experts and later studies concluded that the explosion was caused by spontaneous combustion of a coal bunker that detonated explosive material in a nearby magazine.

Current Legal Topics: Statement on "The Executive Accountability Act of 2009"

The Law Library of Congress is proud to present a new statement focusing on war powers. It is available in its entirety in PDF on our U.S. Constitution website.

Statement by Louis Fisher, appearing before the House Committee on the Judiciary, "The Executive Accountability Act of 2009," July 27, 2009. H.R. 743 would apply criminal penalties to Presidents and executive officials who knowingly and willfully mislead Congress or the people of the United States for the purpose of gaining support for the use of U.S. armed forces. This testimony discusses the framers' intent on initiating war, previous examples beginning with the Mexican War when Presidents used misleading statements to justify war, and other values to be weighed in considering this legislation. The testimony concludes that the bill does not violate the Bill of Attainder Clause and does not represent a prohibited legislative veto, but offers some proposed changes for H.R. 743.

Current Legal Topics: Campaign Finance in Australia, France, Germany, Israel, & the United Kingdom

This report from the Law Library of Congress examines campaign finance laws, including those governing the length of the campaign period, funding sources and disclosure requirements, restrictions on contributions and expenditures, and free speech implications of such restrictions, in Australia, France, Germany, Israel, and the United Kingdom.

Current Legal Topics: State Legislation on Comprehensive Health Care Coverage

The United States government, unlike Canada and many Western European countries, does not have legislation mandating universal health care coverage to its citizens. While the elderly, persons with disabilities, veterans, military service families and the poor are often eligible for government health care assistance, health insurance is often obtained through the work place. In a few instances, states have attempted to pass their own laws to provide health care to cover all residents or all uninsured residents. Four states--Hawaii, Maine, Massachusetts, and Vermont--provide examples of differing legislative approaches to providing such broad based care.

Each state in the report from the Law Library of Congress covers background information, coverage, employer contributions, individual contributions, benefits assistance, and possible exemptions.

Current Legal Topics: Sex Selection & Abortion in Australia, Canada, India, and New Zealand

This report from the Law Library of Congress provides an analysis of laws on the subject of sex selection and abortion in Australia, Canada, India, and New Zealand.

Sex determination, and the selective abortion of fetuses, is widespread in some countries. In the past, this may have been due to permissive abortion laws, which in some circumstances led to abortion being used for sex selection. After abortion laws were tightened, technological innovation revolutionized medicine, with prenatal diagnosis being one such area. This new technology has immense potential to allow parents to avoid genetically oriented problems, but its use has had the effect of making it relatively easy for parents to opt for abortion as a means of sex selection when the parents did not wish to have a child of a particular sex.

Current Legal Topics: Habeas Corpus Rights in Thirteen Countries

Under the concept of habeas corpus as developed in Anglo-American jurisprudence, persons who are deprived of their liberty have the right to challenge through judicial inquiry the legality of their arrest or detention.

The right to challenge one's arrest or detention is now incorporated in international human rights standards. This right may be exercised through the extraordinary process of habeas corpus in the countries which belong to the Common Law system, or through the normal procedural process, including appeals and motions for retrial in the civil law countries.

This report from the Law Library of Congress analyzes the right available to persons in Canada, Egypt, France, Germany, Iraq, Italy, Japan, Pakistan, Russia, Saudi Arabia, Syria, the United Kingdom, and Yemen to challenge the legality of their arrest or detention.

Current Legal Topics: Congressional Access to National Security Information

The Law Library of Congress is proud to present a new article focusing on executive privilege. It is available in its entirety in PDF on our new U.S. Constitution website.

Louis Fisher, "Congressional Access to National Security Information," 45 Harv. J. on Legis. 219 (2008). When invoking executive privilege, administrations often claim that their justification for withholding documents or testimony from Congress is particularly strong when the subject is national security.

This article argues that such a claim mischaracterizes the President's constitutional role and fails to acknowledge the independent institutional needs of Congress to have access to national security information to fulfill the constitutional duties of enacting legislation, conducting oversight, and protecting the system of checks and balances. Also, judicial access to national security information has increased dramatically in the last half century to enforce the separation of powers and vindicate individual rights.

Current Legal Topics: Previous Sotomayor Hearings Added

The Law Library of Congress added Sonia Sotomayor's two previous confirmation hearings in PDF to the Congressional Documents section of the website on the Supreme Court Nominee. Additional web resources on Sotomayor were also added.

The site contains selected resources including articles and books by Sotomayor, Congressional documents, cases, and web resources.

Current Legal Topics: National Security Whistleblowers

The Law Library of Congress is proud to present a new statement focusing on National Security Whistleblowers. The statement is available in its entirety in PDF on our new U.S. Constitution website.

Statement by Louis Fisher, appearing before the House Committee on Oversight and Government Reform, "The Whistleblower Protection Enhancement Act of 2009," May 14, 2009.

Congress has several times passed legislation to protect agency whistleblowers, enabling them to report to their agencies and to Congress instances of misconduct, illegality, waste, fraud, and abuse. For various reasons, agency employees who report on such operations are subject to reprisals and have few procedural protections, either within the agencies or within the courts. Moreover, except for legislation in 1998, the field of national security has been largely excluded from these statutory efforts. The purpose of this hearing was to focus on H.R. 1507, establishing better protections for national security whistleblowers.

Current Legal Topics: Asian/Pacific American Heritage Month, May

May is Asian/Pacific American Heritage Month, a month to celebrate the contributions Asian/Pacific Americans have made to American history, society and culture.

Visit our website to read more about Asian/Pacific American Heritage Month from the Law Library of Congress.

Current Legal Topics: Jewish American Heritage Month, May

May is Jewish American Heritage Month. It is a month to celebrate the contributions Jewish Americans have made to America since they first set foot in New Amsterdam in 1654.

Visit our website to read more about Jewish American Heritage Month from the Law Library of Congress.

The Netherlands - New Stimulus Package

The Netherlands is the latest addition to the Financial Stimulus Plans: Recent Developments in Selected Countries from the Law Library of Congress.

This series of reports summarizes the recent developments in the proposal or implementation of financial and economic stimulus packages in selected foreign countries. In addition to the Netherlands, they cover the following jurisdictions: Argentina, Australia, Brazil, Canada, China, the European Union, France, Germany, Hong Kong, Mexico, New Zealand, the Russian Federation, Singapore, South Africa, Sweden, Taiwan, and the United Kingdom.

Constitutional Interpretation and War Powers Resolution Sections Added to the U.S. Constitution Website

The Law Library of Congress is proud to present two new articles focusing on U.S. constitutional issues. Both articles are available in their entirety in PDF on our U.S. Constitution web page, which includes one book, twenty-four articles, and six statements to Congress.

Constitutional Interpretation
Louis Fisher, "Interpreting the Constitution: More than What the Supreme Court Says," Extensions, Fall 2008. In a democratic society, questions of constitutional law require a political dialogue that involves all three branches of the national government, all fifty states, and the general public. If the meaning of the Constitution depended solely on unelected judges, popular sovereignty would be undermined and replaced by judicial, hyper-technical interpretations increasingly alien to the public. There is no historical support for the view that judges are better positioned to safeguard minority and individual rights. Mutual respect among the branches and between the branches and the public provide continuing legitimacy and life to the Constitution.

War Powers Resolution
Louis Fisher, "The Baker-Christopher War Powers Commission," 39 Pres. Stud. Q. 128 (2009). In July 2008, the National War Powers Commission recommended the repeal of the War Powers Resolution and its replacement with the War Powers Consultation Act. Co-chaired by former Secretaries of State James A. Baker III and Warren Christopher, the commission report promised "equal respect" to the legislative and executive branches. In fact, it greatly strengthens the President's capacity to initiate war and weakens congressional and public control. Instead of addressing the framers' fear of placing the war power in the hands of a single executive, the report claims that the U.S. Constitution is "ambiguous" about war powers and that federal courts "for the most part" have declined jurisdiction over war powers cases. Both assertions are false.

United Kingdom: Pre-Charge Detention for Terrorist Suspects

The United Kingdom has faced the issue of terrorism for several decades. It has more recently faced the issue of legislating against the terrorist threat whilst complying with the European Convention on Human Rights. One of the UK's anti-terrorism measures is the pre-charge detention of terrorist suspects for up to twenty eight days without charge. During the summer of 2008 the government attempted to further extend this period to forty two days, but were ultimately unsuccessful. The continued efforts of the government to protect the national security of the UK whilst protecting the civil liberties of its citizens is an ongoing struggle with no clear solution.

This Law Library of Congress report contains information on: the current law governing pre-charge detention of terrorists, requirements for pre-charge detention, the extension of pre-charge detention, provisions of the counter-terrorism bill, oversight, reasons for the extension of pre-charge detention, preventive detention, criticisms, compliance with the European Convention on Human Rights, alternatives to pre-charge detention, and the use of intercept evidence.

Financial Stimulus Plans: Recent Developments in Selected Countries

In the context of connectivity among nations, the Law Library of Congress presents a series of reports summarizing the recent developments in the proposal or implementation of financial and economic stimulus packages in selected foreign countries. They cover the following jurisdictions: Argentina, Australia, Brazil, Canada, China, the European Union, France, Germany, Hong Kong, Mexico, New Zealand, the Russian Federation, Singapore, South Africa, Sweden, Taiwan, and the United Kingdom. These reports, whether long or short, serve one purpose: to help bring a comparative and global perspective to our understanding of the formulation, implementation, and ultimate impact of the current $789 billion U.S economic stimulus bill.

Lincoln and the Law

The Abraham Lincoln historical collection of the Law Library of Congress vividly illustrates three periods in which the law played a prominent part of the Lincoln era: Lincoln the Lawyer, Habeas Corpus and the War Powers of the President, and The Assassination: Trials. Each era includes the full text of several items from the Rare Book Collection of the Law Library of Congress.

Visit our website to view these newly digitized materials.

Japan: WWII POW and Forced Labor Compensation Cases

This article from the Law Library of Congress is available in PDF on our website.

Japanese courts have been dealing with post-WWII compensation cases from foreigners since approximately 1990. In the cases of POWs, forced laborers, and comfort women, some lower courts have awarded compensation, but most of them have not. There are many legal obstacles for plaintiffs in such cases, including: sovereign immunity; statutes of limitations; and waiver of claims under the San Francisco Peace Treaty. There have been developments in each legal theory and some lower courts have departed from the traditional views and removed one or more of these obstacles. More recently, some plaintiffs sued the Japanese government based on international law. Though these developments became irrelevant to post-WWII compensation cases after the Supreme Court rejected the claims by applying a provision of the San Francisco Peace Treaty in 2007, they are still worth review in order to obtain the whole picture of post-WWII compensation cases.

To provide a broader view, this article discusses Japanese plaintiffs claims against the Japanese government. They were rejected under the theory of war damages. This article also mentions what and how much the Japanese government paid to other countries to compensate damages caused by WWII.

Australia: Terrorism Laws: Questioning Warrants

This Law Library of Congress report on Questioning Warrants is the final of three on Australian terrorism laws.

The Australian Security Intelligence Organisation (ASIO) has the power to detain and question persons in relation to terrorism. In some instances, this detention extends to pre-charge detention. The ASIO may operate under either a Questioning Warrant or a Questioning and Detention Warrant. Pursuant to these warrants, the ASIO may question, and in some circumstances detain, a person who they believe has information that is relevant to a terrorist offense.

Australia: Terrorism Laws: Preventative Detention

This Law Library of Congress report on Preventative Detention Orders and Prohibited Contact Orders is the second of three on Australian terrorism laws.

Preventative Detention Orders and Prohibited Contact Orders are two mechanisms available under the Australian criminal law for addressing terrorism concerns. A Preventative Detention Order permits detention of a person for a short period of time (up to forty-eight hours), while a Prohibited Contact Order prohibits the detained person from contacting individuals named in the order. Both may be sought by the Australian Federal Police, subject to certain procedural rights of the person detained or prohibited from making contact.

Pakistan: Musharraf's Resignation

This Law Library of Congress report contains information on: 2007 the year of problems, the general elections, impeachment, the election of a new president, and the presidential candidates.

On October 12, 1999, General Pervez Musharraf staged a coup d'etat and became the Chief Executive of Pakistan. He then appointed himself President in 2001. In 2007, following his re-election as President and while the Pakistan Supreme Court was considering a petition on the constitutional validity of the election, he suspended the Constitution, dismissed the Supreme Court, and declared a State of Emergency. The Election Commission then confirmed his re-election. After being sworn in for a five-year term as President, Musharraf terminated the State of Emergency in November 2007 and announced that a general election would be held in February 2008. Musharraf's party, the PML-Q, was badly defeated in the election, with the slain leader Benazir Bhutto's party, the PPP, winning the largest number of seats and the PML-N winning a close second in the National Assembly. After being threatened with impeachment by these two parties, Musharraf announced his resignation from the presidency on August 18, 2008. Mohammedmian Soomro, Chairman of the Senate, took over as acting President, a responsibility given to him by the Constitution, until Asif Ali Zardari, co-chairman of the PPP and widower of Benazir Bhutto, was elected President on September 6, 2008.

Two New Constitutional Law Articles on War Powers

The Law Library of Congress is proud to present two new constitutional law articles focusing on war powers. Both articles are available in their entirety in PDF on our U.S. Constitutional Law web page, which includes one book, seventeen articles, and three statements to Congress.

"Presidential Power in National Security: A Guide to the President-Elect," by Louis Fisher, included among papers prepared for the White House Transition Project, 2008. Over the last half century. Presidents have read their national security powers in sweeping terms, doing great damage to themselves, their parties, the nation, and regions around the world. The effective use of military force and foreign policy initiatives require the building of consensus, public understanding, and acting within the law. Too often, Presidents have claimed the unilateral power to commit the nation to war by making uninformed references to the Commander in Chief Clause. Heavy political and constitutional costs flow from the failure to adhere to the rule of law, checks and balances, and the system of separation of powers.

Louis Fisher, "Lost Constitutional Moorings: Recovering the War Power," 81 Ind. L. Rev. 1199 (2006). For the past half century. Presidents have claimed constitutional authority to take the country from a state of peace to a state of war against another nation. That was precisely the power that the Framers denied to the President and vested exclusively in Congress. That allocation of power was understood by all three branches until President Harry Truman went to war against North Korea in 1950. He never came to Congress for authority before he acted or any time thereafter. The persistence of unilateral presidential wars does severe damage to the U.S. constitutional system, separation of powers, checks and balances, and the principle of self-government.

Australia: Terrorism Laws Control Orders

Australia has a legislative basis for Control Orders, which are used to impose obligations, prohibitions, or restrictions on persons as deemed necessary to protect the public from terrorist acts. Control Orders may be requested by the Australian Federal Police. The procedures governing Control Orders, the types of controls that may be imposed, and applicable time frames are set forth in the Criminal Code Act.

This Law Library of Congress report contains information on: issuance of Control Orders, serving a Control Order, applicable time periods, persons below the age of 18, terms of a Control Order, rights of those subject to a Control Order, complaints, and offenses in relation to Control Orders.

Russian Federation: Legal Aspect of War in Georgia

This report reviews legal aspects of Russia's invasion into Georgia in August 2008 and Russia's recognition of Georgia's separatist enclaves' independence. The report includes an analysis of relevant aspects of international law and Russian domestic law, as well as an evaluation of Russia's legal justification for its actions. The report also provides historic background of the conflict and commentaries on laws regarding the deployment of the Russian military abroad.

This Law Library of Congress report contains information on: the historic background of the conflict, laws on the use of the Russian military abroad, legal grounds for the Russian military presence in Georgia, Russia's "Protection of Citizens" justification, and the legal justification and consequences of recognizing the separatists' independence. Visit our Web site to read the report.

Children's Rights: United Kingdom

This report provides a basic overview of the laws regarding children's rights in a number of fields. The United Kingdom has a large number of laws protecting children and guaranteeing them basic rights - both for areas in which there is now an 'entitlement' such as education, as well as in areas in which they need rights to ensure protection, such as in the criminal justice system. Given the number and complexity of these laws this report provides a broad overview of legislation and common law as it applies to children's rights in England and Wales only.

The Children's Rights: United Kingdom report from the Law Library of Congress contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, and concluding remarks.

Visit our Web site to read the report. With the publication of this report, the Law Library of Congress concludes its publication of the comprehensive report Children's Rights: International and National Laws and Practices.

When the Shooting Starts

The Law Library of Congress is proud to present a new constitutional law item focusing on war powers. The article is available in its entirety in PDF on our Web site.

Louis Fisher, "When the Shooting Starts," Legal Times, July 28, 2008, p. 44. The Baker-Christopher commission recommends that Congress pass legislation guided by the principles of the rule of law and equal respect for all three branches. The proposed statute would require Congress to vote on a non-binding resolution of approval for any significant use of military force. If that failed, any lawmaker could require Congress to vote on a joint resolution of disapproval, which would be subject to a presidential veto. The article concludes that the mechanism would weaken the legislative branch, play to executive strengths, and undercut popular government and the rule of law.

Extraordinary Rendition: The Price of Secrecy

The Law Library of Congress is proud to present a new constitutional law item focusing on presidential inherent powers. The article is available in its entirety in PDF on our Web site.

Louis Fisher, "Extraordinary Rendition: The Price of Secrecy," 57 Am. U. L. Rev. 1405 (2008). Assertions of inherent power after 9/11 led to the practice of "extraordinary rendition," claiming that the President possesses independent and plenary authority to seize individuals and transfer them to other countries for interrogation and torture. This article analyzes the source of authority for extradition, rendition, forcible abduction, and extraordinary rendition. For all categories except the latter, the individual is taken to a country for trial and given access to regular procedural safeguards. The article concludes by examining recent litigation on extraordinary rendition.

Secret Documents: Why Classify Legal Memos?

The Law Library of Congress is proud to present a new constitutional law item focusing on the State Secrets Privilege. The article is available in its entirety in PDF on our Web site.

Louis Fisher, "Secret Documents: Why Classify Legal Memos?," National Law Journal, July 14, 2008. On March 31, 2008, the Bush administration declassified a legal memo issued five years earlier by John Yoo of the Justice Department. The memo is entitled "Military Interrogation of Alien Unlawful Combatants Held Outside the United States." Although declassified, there is no explanation of when it was classified, why it was classified, and who classified it, all of which is required by Executive Order 12958. The memo consists purely of legal analysis without indicating any matter clearly sensitive and deserving of some level of classification. How can the rule of law be protected when policy is governed by secret legal memos?

Children's Rights: Russian Federation

Protection of children's rights is a serious problem for Russia, particularly because of the worsening demographic situation and progressive involvement of youngsters in criminal and other underground activities. Several presidential programs, together with major pieces of legislation, address this issue, which is at the center of domestic public discussions; because of insufficient budget financing and restrictions on work of nongovernmental organizations, however, legislative declarations remain largely unimplemented. It is expected that the newly created institution of a Children's Rights Ombudsman and introduction of the long delayed juvenile justice system will improve the situation. This paper analyzes legislation that regulates the protection of children's rights and evaluates government attempts to enforce relevant laws.

The Children's Rights: Russian Federation report from the Law Library of Congress contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, and concluding remarks. Visit our Web site to read the report.

Children's Rights: Nicaragua

Nicaragua has issued many legislative enactments to comply with the international legal instruments to which it has subscribed. Chief among them are: the inclusion of the Convention on the Right of the Child as an express constitutional mandate; the promulgation of the Code of Childhood and Adolescence and the General Law on Education; extensive amendments to the Penal Code protecting minors; adoption of a new General Law on Health with its Program of Comprehensive Care for Women, Children, and Adolescents; and creation of a new Labor Code, raising the minimum working age and protecting young workers from being exploited.

The Children's Rights: Nicaragua report from the Law Library of Congress contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, and concluding remarks. Visit our Web site to read the report.

Children's Rights: Mexico

The Mexican Constitution provides that the State has the duty to promote respect for the dignity of all children and the full exercise of their rights. It also provides that children have the right to satisfy their nutritional, health, educational, and recreational needs. Several laws have been enacted in order to implement this mandate, most importantly the federal Law on the Protection of the Rights of Children and Adolescents. In addition, Mexico is a signatory to several treaties that impact children's rights.

The Children's Rights: Mexico report from the Law Library of Congress contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, and concluding remarks. Visit our Web site to read the report.

United States: Gun Ownership and the Supreme Court

In the pending case of District of Columbia v. Heller, the United States Supreme Court will issue its first decision since 1939 interpreting the Second Amendment to the United States Constitution. The decision is expected before the Court's current term ends in June 2008. In anticipation of the Supreme Court's decision, this guide and bibliography provides an introduction to the Second Amendment.

Please visit the Web site of the Law Library of Congress for an overview and bibliography of books and articles related to gun ownership and the Supreme Court.

Children's Rights: Lebanon

Despite the armed conflict that consumed the country and its institutions for a long period of time until 1989, Lebanon ratified the Convention on the Rights of the Child relatively quickly. The existing Lebanese laws comply with most of what is required under the Convention, and the Lebanese government adopted a number of amendments in its attempt to comply fully with the balance of such requirements.

The Children's Rights: Lebanon report from the Law Library of Congress contains information on: the implementation of International Rights of the Child, child health and social welfare, education and special needs, child labor and exploitation, sale and trafficking of children, and juvenile justice. Visit our Web site to read the report.

Children's Rights: Greece

Based on the constitutional mandate to protect and safeguard children and on its international obligations arising from ratifications of agreements on children's rights, which have the status of domestic law upon ratification, Greece has enacted various laws and has adopted a number of measures and services to promote and advance the rights of the children. The topics covered in this report are health and social welfare, education, labor and exploitation, and juvenile justice. In 2002, the Greek Parliament adopted a new law on human trafficking, and the government has allocated a number of resources in an effort to eliminate this scourge. In 2003, the juvenile system was reformed. An additional law was enacted in 2006 to combat intra-family violence, which also encompasses a prohibition of corporal punishment of children.

The Children's Rights: Greece report from the Law Library of Congress contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sexual exploitation of children, sale and trafficking of children, and juvenile justice. Visit our Web site to read the report.

Children's Rights: Japan

Japan is a signatory of many international conventions which aim to protect the rights of children. There are various domestic laws to promote children's well-being. Almost all children in Japan are covered by health care insurance. Families with small children which do not have a high income level can receive an allowance from the government. Local governments support pregnant women's and infants' health and give advice to them. Schools also provide health examinations. Parents are obliged to have their children attend primary and secondary schools for nine years. The government provides this mandatory education free of charge. There are provisions which punish acts that harm children, both in special laws and in the Criminal Code. There is a juvenile justice system which is separated from the normal criminal justice system.

The Children's Rights: Japan report from the Law Library of Congress contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, and concluding remarks. Visit our Web site to read the report.

Children's Rights: Israel

Israel adheres to international conventions to which it is a signatory and maintains a special set of laws to protect children. In addition to health benefits applicable to all Israeli residents, special benefits apply specifically to pregnant women and children. Special welfare benefits are also directed at assisting families with children and, particularly, the disabled. The law requires at least ten years of compulsory education and protects children from labor and sexual exploitation. The system recognizes different rules in the adjudication of juveniles.

Israel maintains an extensive system of laws designed to protect children's rights. It is a signatory to numerous international conventions and provides many health and welfare services to children. Special protections apply in the areas of child labor and sexual exploitation. Children enjoy different treatment in the juvenile justice system than adults do in the regular justice system.

The Children's Rights: Israel report from the Law Library of Congress contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, and concluding remarks. Visit our Web site to read the report.

Constitutional Law: Military Tribunals

The Law Library of Congress is proud to present two constitutional law items focusing on Military Tribunals. The two articles are available in their entirety in PDF on our Web site.

Louis Fisher, "Military Commissions: Problems of Authority and Practice," 24 Boston U. Int'l L. J. 15 (2006). In deciding to authorize military commissions on November 13, 2001, President George W. Bush relied primarily on the Supreme Court's decision in Ex parte Quirin (1942). A close look at Quirin reveals a process and a decision with so many deficiencies that it should be remembered as a precedent not worth repeating. Other precedents cited by the administration for independent executive authority, including the trial of John Andre in 1780, are also misleading. Allowing military commissions to operate on the exclusive or "inherent" authority of the President poses a serious threat to basic constitutional principles, including the war prerogatives of Congress, separation of powers, and checks and balances.

Louis Fisher, "Detention and Military Trial of Suspected Terrorists: Stretching Presidential Power," 2 J. Nat'l Sec. L. & Policy 1 (2006). Although the Bush administration after the 9/11 terrorist attacks claimed independent authority to create military tribunals, Congress under the Constitution has primary responsibility over military courts, tribunals "inferior to the Supreme Court," "Offenses against the Law of Nations," the war power, and "Rules concerning Captures on Land and Water." This article covers the key differences between the German saboteur case of Ex parte Quirin (1942) and the Bush tribunals, the importance of the Non-Detention Act of 1971, and the litigation that challenged the Bush military tribunals, including the Supreme Court decisions of Hamdi v. Rumsfeld (2004) and Hamdan v. Rumsfeld (2006).

Constitutional Law: State Secrets Privilege

The Law Library of Congress is proud to present four constitutional law items focusing on the State Secrets Privilege. The two articles, one statement to Subcommittee on the Constitution, Civil Rights, and Civil Liberties, and one statement to the Senate Committee on the Judiciary are available in their entirety in PDF on our Web site.

Louis Fisher, "The State Secrets Privilege: Relying on Reynolds," 122 Pol. Sci. Q. 385 (2007). The George W. Bush administration has invoked the state secrets privilege as an absolute bar to litigation whenever the administration determines that the disclosure of agency documents would harm national security. The cases involve such areas of law as NSA surveillance and extraordinary rendition. This article analyzes the Supreme Court case relied on primarily by the administration, United States v. Reynolds (1953), which for the first time recognized the state secrets privilege. The Court's decision did great damage to the integrity of the judiciary, the rights of private litigants, and the constitutional system of checks and balances.

Statement by Louis Fisher, presented to the Subcommittee on the Constitution, Civil Rights and Civil Liberties of the House Committee on the Judiciary, "Reform of the State Secrets Privilege," January 29, 2008. Following the terrorist attacks of 9/11, assertions of the state secrets privilege pose a greater threat to constitutional government and individual liberties in such cases as NSA surveillance and extraordinary rendition. Even if it appears that the administration has acted illegally, the executive branch advises federal judges that a case cannot allow access to documents without jeopardizing national security. Self-interested executive claims may override the independence of the federal judiciary, the corrective mechanism of checks and balances, and the right of private litigants to have their day in court. Congress needs to enact legislation to strengthen the adversary process that we use to pursue truth in the courtroom.

Statement by Louis Fisher, appearing before the Senate Committee on the Judiciary, "Examining the State Secrets Privilege: Protecting National Security While Preserving Accountability," February 13, 2008. The state secrets privilege is now a central issue and Congress is the appropriate branch of government to supply much needed procedures and governing principles. It is critical that we be able to rely on an independent judiciary to weigh the competing claims of litigants and preserve the adversary process. No litigant, including the executive branch, should be presumed in advance to be superior to another. The executive branch is not entitled to "utmost deference" or even "deference." In the past, federal courts have been misled by executive claims about national security, including in the seminal case of United States v. Reynolds (1953).

Louis Fisher, "People v. State: Security Secrets Must be Weighed Against American's Broader Interests," Legal Times, October 1, 2007, pp. 66-67. In recent cases involving state secrets, federal judges typically put the plaintiff's interest on one side of the scale and the government's interest (or "national interest") on the other. Under this test, the individual can be guaranteed to lose every time. Judicial analysis following this standard protects neither the plaintiff nor the nation. There is no national interest in picking up the wrong person (Khalid el-Masri, for example) and keeping him in prison for five months. El-Masri was not merely presenting his own interests. He represented every individual, U.S. citizen or alien, who wants to avoid a similar fate. Judicial deference to executive claims does not protect the national interest or the system of checks and balances.

John Adams and the Boston Massacre Trial of 1770

As noted in the 2008 HBO mini-series chronicling the life and career of John Adams (1735-1826), as a young lawyer the future president served as counsel for the defense in the trial of eight British soldiers accused of murder during a riot in Boston on March 5, 1770. William Wemms, James Hartegan, William McCauley, Hugh White, Matthew Killroy, William Warren, John Carrol, and Hugh Montgomery, soldiers in the English 29th regiment of foot, were accused of murdering Crispus Attucks, Samuel Gray, Samuel Maverick, James Caldwell, and Patrick Carr. The case was heard at the Superior Court of Judicature, Court of Assize, and General Goal Delivery, on November 27, 1770, by adjournment, before justices Benjamin Lynde, John Cushing, Peter Oliver, and Edmund Troweridge.

The Law Library of Congress has copies of reports and transcripts of the court proceedings published in 1770, 1807, and 1824, as well as a history of the Boston Massacre consisting of the narrative of the town, the trial of the soldiers, and a historical introduction, containing unpublished documents of John Adams, and explanatory notes, published one-hundred years later in 1870. Adams's impassioned speech in defense of the soldiers resulted in their acquittal: it was reprinted in a character sketch by John Willard published in 1903.

Details concerning these publications including the full text of three of these rare items are available on our Web site.

Law Day

Law Day is a national day to celebrate the rule of law and its contributions to the freedoms Americans enjoy. This guide provides commentary and recommended resources concerning Law Day.

Visit our Web site to read more about Law Day from the Law Library of Congress.

European Union: Lists of Terrorist Persons or Organizations

In the aftermath of September 11, 2001, the European Union responded immediately by adopting several legal instruments to implement Security Council Resolutions and to deal with the terrorism threat within the EU more effectively. Part of this undertaking was the drafting of two lists of terrorist individuals and organizations, one prepared under the authority the Sanctions Committee of the Security Council and endorsed by the EU, the UN/EU list; and the other, the EU list, prepared unanimously by the Council of the EU.

Both lists have raised fundamental rights questions and have been challenged before the European Courts by those listed who claimed to be included unjustifiably. In the cases of Yusuf and Kadi, the European Court of Justice upheld the EU/UN regime. On the other hand, in the case of the Organisation des Modjahedines du Peuple Iranien (OMPI), the Court annulled the decision of the Council relating to the inclusion of OMPI on the EU list. The Court did not invalidate the Regulation on the basis of which the list was prepared. Thus, the Regulation is still in force. The Council has announced that it plans to make its listing and de-listing procedure more transparent and that it intends to provide a statement of reasons to individuals or entities subject to the freezing of assets.

Visit our Web site to read the entire report on the European Union: Lists of Terrorist Persons or Organizations from the Law Library of Congress.

Japan: Article 9 of the Constitution

Japan's post-Second World War constitution was born when Japan was occupied by Allied forces. During the first stage of the occupation, the Supreme Commander of the Allied Forces and legislators of the constitution thought Japan would not have a military force again. Article 9 of the Constitution renounces war and prohibits Japan from maintaining the war potential. However, as the United States changed its policy of demilitarizing Japan when the United States asked her to share the burden of maintaining the security of Japan and, for the sake of international peacekeeping, Japan gradually increased its defense capability and developed a somewhat more technical interpretation of article 9.

Article 9 does not prohibit Japan from maintaining her defense capability. Article 9 had been popular in Japan for a long time; but as the Japanese started to take their security more seriously, more people have begun to accept the idea of amending article 9 of the Constitution. The ruling party, the Liberal Democratic Party, will bring the Constitutional amendment proposal to the Diet within the next few years.

Visit our Web site to read the entire report on article 9 from the Law Library of Congress.

Children's Rights: Iran

The Islamic Revolution of 1979 introduced drastic and fundamental changes in the social, economic, and political structure of Iran. It marked the end of a 2,500 year-old monarchical regime and brought into power a religion-oriented government based on the Shiite school tenets of Islam. The change in the nature of the regime from secular to religious had its impact both on domestic legislation and international conventions.

The Children's Rights: Iran report from the Law Library of Congress contains information on international conventions and domestic legislation.

Children's Rights: Germany

Germany is a party to the global conventions that protect the rights of the child, yet Germany prefers to interpret these according to the precepts of European agreements, in particular the European Human Rights Convention, and also in accordance with German Constitutional guarantees. Germany has generous systems of health care and social welfare that benefit all citizens and long-term residents, while being less generous for new immigrants. The education system differentiates between vocational and college-bound tracks, and that is sometimes criticized in international comparisons. Problems occur in particular with the children of immigrants. Stringent laws against child labor are fully enforced, as are criminal provisions against the sexual exploitation of children and human trafficking. The juvenile justice system was path-breaking in the 1920s, but more recently it has borrowed ideas from the United States, particularly on diversion.

The Children's Rights: Germany report from the Law Library of Congress contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, miscellaneous issues, and concluding remarks.

Constitutional Law: Presidential Inherent Powers

The Law Library of Congress is proud to present four constitutional law items focusing on Presidential Inherent Powers. The four articles are available in their entirety in PDF.

Louis Fisher, "Treaty Negotiation: A Presidential Monopoly?," 38 Pres. Stud. Q. 144 (2008). This article examines the claim by Justice George Sutherland in United States v. Curtiss-Wright (1936) that the President makes treaties with the advice and consent of the Senate "but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it." This statement was dicta and extraneous to the issue before the Court, but it is also at odds with Senate history and Sutherland's own experience as a U.S. Senator from Utah. Senators (and Representatives) have often been involved in the negotiation of treaties.

Louis Fisher, "Presidential Inherent Power: The 'Sole Organ' Doctrine," 37 Pres. Stud. Q. 139 (2007). The executive branch often relies on the "sole organ" doctrine to define presidential power broadly in foreign relations and national security, including assertions of inherent executive power that is not subject to legislative or judicial constraints. The doctrine draws from a statement by John Marshall when he served as member of the U.S. House of Representatives in 1800: "The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations." In dicta in the case of United States v. Curtiss-Wright (1936), Justice George Sutherland took Marshall's statement out of context to advocate an independent, plenary, exclusive, and extra-constitutional power for the President, but Marshall made no such claim in his speech or in his public service as Secretary of State and Chief Justice of the Supreme Court.

Louis Fisher, "Invoking Inherent Powers: A Primer," 37 Pres. Stud. Q. 1 (2007). At various times in American history, Presidents have claimed "inherent" powers to take certain actions in periods of emergency. President Truman's seizure of steel mills in 1952 is one example. Another is the claim by President Nixon that he could order domestic surveillance. Those claims were struck down in court. This article provides an overview of inherent powers and focuses particularly on its application during the presidency of George W. Bush to military commissions, detaining "enemy combatants," the "torture memos" prepared by attorneys in the Justice Department, extraordinary rendition, and NSA eavesdropping.

Louis Fisher, "The 'Sole Organ' Doctrine," August 2006, a paper prepared for the Law Library as part of a series of studies on presidential power in foreign relations. The paper provides a detailed examination of the "sole organ" doctrine made popular by Justice George Sutherland in his opinion in United States v. Curtiss-Wright (1936). The study explains why his use mischaracterizes what John Marshall said in a floor speech in 1800, while a member of the U.S. House of Representatives, and includes critiques and analyses by scholars and judicial citations to "sole organ." Although the Supreme Court has at times described the President's foreign relations power as "exclusive," it has not denied to Congress its constitutional authority to enter the field and reverse or modify presidential decisions in the area of national security and foreign affairs.

Constitutional Law: War Powers

The Law Library of Congress is proud to present four constitutional law items focusing on War Powers. The three articles and one statement to the Senate Committee on the Judiciary are available in their entirety in PDF.

Louis Fisher, "Thomas F. Eagleton: A Model of Integrity," 52 St. Louis U. L. J. 97 (2007). This article describes the leadership of Senator Eagleton from 1971 to 1973 with the War Powers Resolution. He backed a bill that tracked closely the intentions of the framers, permitting unilateral presidential action only in selected areas (e.g, repelling sudden attacks). The House passed legislation placing no such restrictions but relying on presidential reporting. The bill that emerged from conference committee so favored presidential power, in Eagleton's view, that he opposed it and spoke strongly for constitutional principles and legislative prerogatives. Senator Eagleton "had taken an oath to support and defend the Constitution and that dedication provided all the lodestar he ever needed."

Louis Fisher, "Domestic Commander in Chief: Early Checks by Other Branches," 29 Cardozo L. Rev. 961 (2008). This article looks to the early years of the republic to understand the scope, purpose, and boundaries of the Commander in Chief Clause. The framers viewed the Clause within the context of republican government where ultimate power is placed not in a single executive but with the people and their elected representatives. Covered within this article is the distinction between offensive and defensive wars, military actions against Indians, the militia act of 1792, the Neutrality Proclamation of 1793, the Whiskey Rebellion of 1794, the Alien and Sedition Acts of 1798, and judicial rulings from 1800 to 1806.

Statement by Louis Fisher, appearing before the Senate Committee on the Judiciary, "Exercising Congress's Constitutional Power to End a War," January 30, 2007. This testimony explains the democratic principles that guided the framers, the rejection of monarchical power, the distinction between offensive and defensive wars, separation of purse and sword, the scope of the Commander in Chief Clause, the Constitution in practice, and contemporary statutory restrictions, including the cutoff of funds in 1973 to end the Vietnam War, prohibitions on CIA paramilitary activities in Angola, limitations imposed on assistance to the Contras in Nicaragua leading to the Iran-Contra scandal in 1987, authority for the Gulf War of 1991, and statutory requirements to withdraw U.S. troops from Somalia by March 31, 1994.

Louis Fisher, "Deciding on War Against Iraq: Institutional Failures," 118 Pol. Sci. Q. 389 (2003). This article analyses the performance of U.S. political institutions in authorizing the war against Iraq in October 2002. It concludes that the Bush administration failed to provide reliable information to Congress to justify the war and relied on tenuous, unsubstantiated claims that were regularly discredited. The article also concludes that Congress failed in its institutional duties, both by voting on the Iraq Resolution without sufficient evidence and by drafting the legislation in such a way that it left the power to initiate war in the hands of the President, exactly what the framers had tried to prevent.

The Politics of Executive Privilege

Louis Fisher, The Politics of Executive Privilege (Durham: Carolina Academic Press, 2004), 272 pp. Presidents and their advisers cite various legal principles when they withhold documents from Congress and refuse to allow executive officials to testify before congressional committees. Congress can marshal its own impressive list of legal citations to defend legislative access to information, even when Presidents assert executive privilege. These legal and constitutional principles, finely-honed as they might be, are often overridden by the politics of the moment and practical considerations. Efforts to discover enduring and enforceable norms in this area invariably fall short.

This book (individual chapters attached) explains the political settlements that decide most information disputes. Courts play a role, but it is a misconception to believe that handy cites from judicial opinions will win the day. Efforts to resolve interbranch disputes on purely legal grounds may have to give ground in the face of superior political muscle by a Congress determined to exercise the many coercive tools available to it. By the same token, a Congress that is internally divided or uncertain about its institutional powers, or unwilling to grind it out until the documents are delivered, will lose out in the quest for information. Moreover, both branches are at the mercy of political developments that can come around the corner without warning and tilt the advantage decisively to one side.

Cuba: Legal Implications of Casto's Resignation

On February 19, 2008, official Cuban Communist Party newspaper Granma published a message from Fidel Castro in which he announced that, due to his poor health, he could no longer serve as President of Cuba. After Castro resigned, the National Assembly of People's Power (Cuba's legislative body) convened in order to elect a new president.

Children's Rights: France

France is a signatory to all the significant treaties dealing with children rights. It has in place several mechanisms to monitor the implementation of the 1989 Convention on the Rights of the Child, in particular, an ombudsman for children.

Pregnant women are entitled to paid maternity leave. To offset the loss of salary, they receive benefits via the public maternity insurance, often supplemented by a complementary sum payable by the employer as per a collective bargaining agreement. Several categories of family allowances are provided without any condition of employment.

Children under six receive free and mandatory preventive health services in a widespread network of thousands of health-care facilities. After the age of six, children's health is monitored by school health services. Mandatory physical and psychological checkups take place when the children are ages six, nine, twelve, and fifteen. When they are of sufficient maturity, children must be informed of their medical treatment and participate in the decision- making process.

School is mandatory from ages six to sixteen. Although not compulsory, pre-school for children under six is widely available and strongly encouraged. Children with special educational needs are educated in mainstream classes alongside their peers wherever possible, to better incorporate them into society.

There is no specific legal age under which a juvenile cannot be prosecuted. The sole criterion is that of moral discernment. Penalties, however, are adapted to the age of the child.

The Children's Rights: France report contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, and concluding remarks.

Children's Rights: China

China has ratified major international documents with regard to children's rights protection. China's domestic legislation also provides protection for a wide range of children's rights. The reality, however, is disputable. Few accurate statistics could be obtained directly from the official source. In practice, enforcement of the treaty obligations and the legislative declarations remains a huge problem.

The Children's Rights: China report contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, and juvenile justice.

How to Do Russian Legal Research

The Law Library of Congress has prepared a Legal Research Guide for Russia. The Russian Guide includes an introduction to the legal system, official sources of law, print resources, and web resources.

Children's Rights: Canada

Canada has ratified the Convention on the Rights of the Child and one of the two optional protocol to it while signing the other. Responsibility for implementation is split between the federal government and the provinces. Canada's ten provinces have nearly universal health insurance plans that cover virtually all children and maintain most social welfare agencies. Another provincial responsibility is education. Children receive tax-supported elementary and secondary education. Universities charge subsidized tuition. Minimum ages for employment are yet another provincial responsibility. On the federal level, there are many criminal laws designed to prevent child abuse. The number of related offenses and the maximum punishments for them have been greatly increased in recent years. In its national defense laws, the federal government now prohibits Canadian soldiers under the age of eighteen from being deployed in armed conflict. The federal government also created a new juvenile justice system in 2002 that gives the police and judges more options in handling cases of juveniles charged with criminal offenses than the previous law.

The Children's Rights: Canada report contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sex and trafficking of children, juvenile justice, and concluding remarks.

Guide to Law Online

The Guide to Law Online by the Law Library of Congress is a vast network of links to content-based Web sites of primary and secondary legal and legislative information services from 143 nationals and all U.S. federal, state and territorial government entities.

Children’s Rights: Brazil

The Constitution provides the principles to be followed for the protection of children and adolescents in Brazil. These principles, coupled with the numerous international treaties signed and several pieces of legislation enacted, offer a wide range of protection to children’s and adolescents’ rights.

The Children's Rights: Brazil report contains information on: the implementation of International Rights of the Child, child health, child social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, and concluding remarks.

Children’s Rights: Australia

Australia is a signatory to all significant treaties that impact on children’s rights. The rights and protection of children are governed by both Federal and state and territory law. Persons below the age of eighteen are generally considered children.

Children may be able to give consent to medical procedures where they are either over a statutory age (fourteen to sixteen depending on the jurisdiction), or, of sufficient maturity that they are able to comprehend the procedure and give informed consent.

Children below the age of ten are unable to be charged with a criminal offense and children between the ages of ten to fourteen have a refutable presumption that they are incapable of forming the necessary criminal intent for an offense.

Children below the age of seventeen may not volunteer to join the armed services.

Education of children is compulsory. The age between which children must be educated varies across jurisdictions but is generally between the ages of five to sixteen.

Australian children have a right to access health care via Australia’s universal health insurance program and all jurisdictions have additional programs to encourage children and young persons to seek medical care.

The Children's Rights: Australia report contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, and juvenile justice.

Children’s Rights: Argentina

The long awaited national Law for the Integral Protection of Children and Adolescents was enacted in 2005 to implement the UN Convention on the Rights of the Child, ratified by Argentina in 1990. In addition to adopting comprehensive protective measures for children, it lays the groundwork for a juvenile justice system, calls for institutionalized children to be integrated back into society, and establishes mechanisms to protect children from abuse and exploitation.

The Children's Rights: Argentina report contains information on: the implementation of International Rights of the Child, child health and social welfare, education, child labor and exploitation, sale and trafficking of children, juvenile justice, and concluding remarks.

Children’s Rights: International Laws

The growth of children’s rights as reflected in international and transnational law has transformed the post-war legal landscape. This overview describes some of the major global and regional legal instruments that have contributed to this transformation, as well as specific relevant provisions in broader human-rights related instruments and in international agreements on child protection and placement.

Children’s Rights: International and National Laws and Practices

The Law Library of Congress is publishing a series of reports on Children's Rights: International and National Laws and Practices. There is a preface to the report by the Honorable Ted Poe, an introduction by Dr. Rubens Medina, a section on international laws and practices, and an area for country reports which will continue to be updated to add new countries.