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Daily Archives: March 25, 2012

Constitutional Authority Statements in Congress

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Constitutional Authority Statements in Congress, Hanah M. Volokh, Emory University School of Law – Florida Law Review, Forthcoming

  • “At the opening of the 112th Congress in January of 2011, the House of Representatives created a new rule that requires each bill or resolution introduced in the House to include a constitutional authority statement. This statement must identify ‘the power or powers granted to Congress in the Constitution to enact the bill or resolution.’ This is the first time that either house of Congress has required formal statements of constitutional authority for every bill that is introduced. Constitutional authority statements are a practical example of constitutional interpretation in Congress, a subject much discussed by constitutional theorists. In this Article, I situate these statements within the debates over congressional constitutional interpretation and examine some questions about the substantive content of the statements. I argue that as the rule is currently structured, the statements are useful mainly as an internal deliberative tool for Congress, not as an interpretive guide for courts. Finally, I suggest modifications to the House rule that would strengthen the statements for use both by Congress and later interpreters.”

    • Commentary – Big Philanthropy's Role in Higher Education

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    Big Philanthropy’s Role in Higher Education, by Stanley N. Katz “According to a recent Chronicle study, America’s top 50 donors gave a total of $10.4-billion in 2011, rebounding from the $3.3-billion of the previous year, with its recession worries. Those numbers reflect the continued growth in the number of private philanthropic foundations in this country… Continue Reading

    EPIC: New Guidelines Expand Datamining Role of National Counterterrorism Center

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    EPIC: Under revised guidelines [unclassified] for the National Counterterrorism Center, the intelligence agency officials will be able to profile and track American citizens, suspected of no crime, for up to five years. The change represents a dramatic expansion of government surveillance and appears to violate the Privacy Act of 1974, which limits data exchanges across… Continue Reading

    IRS IG – The Internal Revenue Service Is Not in Compliance With All Improper Payments Elimination and Recovery Act Requirements

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    The Internal Revenue Service Is Not in Compliance With All Improper Payments Elimination and Recovery Act Requirements, March 2, 2012 Reference Number: 2012-40-028 “The methodology the IRS uses to estimate the EITC [Earned Income Tax Credit] improper payment rate results in a reasonable estimate of EITC overclaims. However, the IRS did not comply with all… Continue Reading

    Research Brief – Foundation Funding for Water, Sanitation, and Hygiene

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    Foundation Funding for Water, Sanitation, and Hygiene – Foundation Center’s WASHfunders.org “In recent years, the number of U.S. charitable foundations awarding grants for water, sanitation, and hygiene (WASH) projects around the world has more than tripled. A new research brief by the Foundation Center…finds that between 2003 and 2010 this growth in the number of… Continue Reading

    FFIEC Releases Supplemental Guidance on Internet Banking Authentication

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    News release: “The Federal Financial Institutions Examination Council (FFIEC) issued a Supplement to the Authentication in an Internet Banking Environment guidance, issued in October 2005. The purpose of the supplement is to reinforce the risk-management framework described in the original guidance and update the FFIEC member agencies’ supervisory expectations regarding customer authentication, layered security, and… Continue Reading