A bill to amend title 28 of the United States Code to require the Attorney General to transmit reports to the Congress summarizing any position of the Attorney General that any provision of law is unconstitutional and is not to be enforced or defended by the United States, and for other purposes.

Summary

Directs the Attorney General to report to Congress within 30 days in any case in which the Attorney General determines that the Department of Justice: (1) will not enforce a law it considers unconstitutional; or (2) will either challenge or refuse to defend a law it considers unconstitutional. Specifies the format of such report. Prohibits the Attorney General from proceeding in the name of the United States in any case in which he or she challenges the constitutionality of a law. Directs that in such cases the Attorney General proceed in either the name of the President or the name of the agency being represented by the Department.

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Documents

1 official file

• Introduced in House

  summary · EN · 6 January 1983

  Open at official source

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