Sentences with phrase «scalia on the constitutional issue»

The attention shouldn't be on the constitutional issue.
«Calculations of party advantage» are being pursued too much on constitutional issues, he says.
Particularly on constitutional issues (in which I admit I'm most interested — and it seems Nick C is too), it seems to me that the agreement, as it stands, offers a lot of room for some productive LD - Labour agreements, in opposition to the Conservatives.
Miliband is one of the most progressive leaders Labour has ever had on constitutional issues.
In addition, if the Prime Minister can obtain concessions on constitutional issues such as more powers for national parliaments, the removal of the much hated reference to «ever closer union» in the EU treaties or even the promise to renegotiate a new EU treaty at a later stage, he can perhaps persuade another handful of Tory eurosceptics to campaign to remain in the EU.
Speaking to the BBC's Andrew Marr Show about the Scottish referendum result, the Labour leader said there was a «real danger that the political class is learning the wrong lessons» from the campaign by focusing on constitutional issues.
I'm quite keen on constitutional issues, as it happens.
It fundamentally affects his judgement on the constitutional issues raised by independence.
This leader in antischool choice strategy describes tax credits as «bullet - proof on constitutional issues» because they have survived every legal challenge to date.
A few blawggers are moving past politics to dig into the positions Alito has taken on constitutional issues from the bench, a discussion impossible in re: White House Counsel Miers» record, since she has never worked as a judge.
But on the constitutional issue of balancing the allegedly competing considerations of religious liberty and equality rights, the Court gets it quite right when it concludes that «[t] his case demonstrates that a well - intentioned majority acting in the name of tolerance and liberalism, can, if unchecked, impose its views on the minority in a manner that is in itself intolerant and illiberal.»
For more on the constitutional issues arising from reviver statutes, see this legal memo provided in the context of prior Wisconsin reviver legislation.
I agree with Simon C on the constitutional issue — but there are provinces, including Ontario, with big enough populations that if there was a solution to the issue, they could do it on their own, or with informal or even formal collaboration with others.
But given his day job, we might ask, «Where does he stand on constitutional issues such as, say, free speech?»
His research focuses in particular on constitutional issues of EU external relations law and investigates the intersections of EU law, public international law and international investment law.
(a) he disagrees with Supreme majority, agreeing instead with co-blogger Orin Kerr and Justice Scalia on the constitutional issue, and
This style of anonymous judgment has generally been focused on constitutional issues down three different tracks: first, reactively to federal but not provincial reference cases; second, defensively on issues impacting directly on the judiciary; and third, proactively on constitutional issues at the Court's internal discretion.
Similarly, where clear conclusions can be reached on issues which might otherwise need referral to the Supreme Court, there is no need to make such a reference, whether on a constitutional issue or an issue of treaty interpretation (see paragraphs 40 - 42 of his judgment).
In a special concurrence, Judge Thomas emphasized that the opinion should not be read to take a position on the constitutional issue, and hinted that he saw potential constitutional problems.
First, stare decisis is stronger when a court has interpreted a statue, rather than ruling on a constitutional issue.
Our lawyers have appeared in the Supreme Court of Canada on constitutional issues, including search and seizure of business records, picketing and leafleting of business premises, defamation and freedom of expression, school funding, access to therapeutic records in sexual assault cases and international human rights covenants.
Under a separate heading, relevant background on the constitutional issue is also provided.
The House of Lords Constitution Committee recently reported on the constitutional issues that are likely to be raised by the «Great Repeal Bill».
It isn't unthinkable that Congressional mandates on how the judiciary conducts its business, particularly if it impacts the substance of judicial decisions on constitutional issues, could be held unconstitutional on separation of powers grounds.
I'm not certain that a strong stance on constitutional issues for a Governor - General would be an asset to this PM.
He was a prolific author on constitutional issues and translated and edited the Charter of Rights and Freedoms.

Not exact matches

[105] On January 8, 2008, to address ongoing structural budget issues, Governor Corzine proposed a four - part proposal including an overall reduction in spending, a constitutional amendment to require more voter approval for state borrowing, an executive order prohibiting the use of one - time revenues to balance the budget and a controversial plan to raise some $ 38 billion by leasing the Garden State Parkway, the New Jersey Turnpike, and other toll roads for at least 75 years to a new public benefit corporation that could sell bonds secured by future tolls, which it would be allowed to raise by 50 % plus inflation every four years beginning in 2010.
The success of the concurrent delegations was an excellent example of how Canada can capitalize on some of its constitutional similarities with India — in this case, the devolution of power over issues such as education and national - resource management to the provinces — in order to improve relations for Canada as a whole.
On March 27, they'll tackle the issue of how constitutional gay marriage is, delivering a decisive ruling on California's famous Proposition On March 27, they'll tackle the issue of how constitutional gay marriage is, delivering a decisive ruling on California's famous Proposition on California's famous Proposition 8.
It is surprising, therefore, that on this most central constitutional and moral issue a preponderance of pro-life advocates and legal scholars continually misinterpret the Constitution.
The issue of a constitutional amendment to prohibit desecration of the American flag is currently on political hold, but it remains potentially very much alive.
In general, based on the 2003 interview, it doesn't look like Santorum knows how to talk or think about this issue very well; he doesn't, for example, appear to know how to distinguish the three levels of the right to privacy debate: a) the natural rights level, b) the Constitutional level, and c) the plain - old law level, state and federal.
Ironically, the 2016 — 2017 Supreme Court roundup also appearing in the October issue of First Things («A Less Corrupt Term») quotes Justice Samuel Alito saying of the Court's majority opinion on same - sex marriage that it «evidences... the deep and perhaps irremediable corruption of our legal culture's conception of constitutional interpretation.»
(This assumption is shared by virtually all persons quoted in the press on this issue: members of Congress, leaders of civil rights organizations, church leaders, experts on constitutional law, etc..
When confronted with federal constitutional arguments by the State based on the Smith decision, the Minnesota court deftly sidestepped the issue.
The evangelical - moralist sector has gained access to the White House, the Supreme Court, the Congress; it has a near - monopoly on mass media religion news, popular religion, the production of religious celebrities; it makes clear its positions on what it calls social issues, and is engaged in calling for constitutional amendments and new laws and in protests in the public squares.
More recently, Billy Graham has weighed in on hot - button issues, including supporting North Carolina's constitutional amendment to ban gay marriage, which voters passed earlier this year.
In developing his notion of «curricular neutrality,» Nord takes on issues of linguistics and philosophy, but his main concern is the constitutional law produced by the Supreme Court's decisions on church and state.
That year the city solicitor, citing constitutional issues on restraint of trade, lifted the cap on licenses and removed the residency requirement.
Each concerned a growingly contentious issue in politics, each sought to take it out of politics by deciding it judicially on constitutional grounds, and each did so by basing the decision on the due process clause of the Constitution.
«I don't think that you necessarily have to preserve the right to address Constitutional issues at the state level,» said Keith Reid, who lives on the Cook County side of Buffalo Grove.
«I don't think that you necessarily have to preserve the right to address Constitutional issues at the state level,» said Keith Reid, who lives on the Cook County side of Buffalo...
The last hour has seen the political and constitutional reform committee issue a report complaining that the government's ignoring its recommendations about going to war; Labour have put out a line on the strikes, saying they're «usually a sign of failure»; and the Institute for Government is telling us that Whitehall is leading the way in headcount reductions, with an overall reduction of 8.4 % since the comprehensive spending review in October last year.
On purely constitutional issues, the best combination for any coalition after the election would seem to be Labour and the Liberal Democrats.
The anti-suffrage position was unpicked bit by bit on stage and humor served to bring the constitutional issue to fore.
We will include works on constitutional theory as well as on the empirical issues that underlie constitutions — particularly those that are important to uncodified constitutions like that of the UK.
No doubt, there should be a thorough parliamentary debate on the issue, but instead of forcing a decision in this parliament, which could well be as controversial and divisive as the ill - fated referendum, I strongly agree with Nick Clegg that by far the best and most dignified way out of the current mess would be to ask the people in the proper constitutional way by calling an snap general election:
However, on the same day, the judges on the Ninth Circuit Court, which upheld the first TRO in February, issued an opinion1 that the revised Executive Order is constitutional.
Based on all of that, it was quickly recognized, both in comments and in that email group, that the obvious choice to target for a «hold» was Dodd, who had made constitutional and oversight issues the centerpiece of his presidential campaign.
The people have, on the whole, been little interested, and perhaps even unaware of the wide - ranging nature of constitutional changes that have been introduced... during the 1997 election campaign, the British people were asked by the opinion research organisation, MORI, to rate the priority of various issues, they put constitutional issues 14th out of 14.
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