and Fourteenth Amendments to the United
States Constitution require only that no indigent criminal defendant be sentenced to a term of imprisonment unless the State has afforded him the right to assistance of appointed counsel in his defense.
The state constitution requires that congressional and state legislative districts «should be contiguous, compact, and convenient, and follow natural, geographic, artificial, or political subdivision boundaries.»
The state constitution requires that voters be presented with such a ballot question every 20 years; it was voted down in 1997 and 1977.
The state constitution itself requires a public referendum every 20 years on whether to hold a constitutional convention.
Amending
the State Constitution requires approval of two successively elected crops of legislators as well as others in a statewide referendum.
They argue that
the state constitution requires a special election when a vacancy occurs less than three years into a four - year term.
The state constitution requires bills to age for three days before they're voted on, unless the governor delivers a message of necessity.
The state constitution requires that voters be asked the question every 20 years.
The New York
State Constitution requires an annual message from the Governor to the Legislature on the condition of the state.
«They are in fact upholding the law, upholding our Constitution, because they're refusing to hold people without a judicial warrant or probable cause that they committed a crime, which is what our Constitution requires, and all of
our state constitutions require.»
The state constitution requires lawmakers to allow three days to pass from the time a bill is introduced to when it comes up for a vote.
The state constitution requires bills to age three days before they are voted on in order to facilitate public review, but Cuomo, like many governors before him, has taken to issuing «messages of necessity» to bypass the otherwise - mandated waiting period.
How we got from
a state constitution requiring that the legislature «provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated» to laws taking away the right of citizens to determine what they spend for that «free» education is a long and hard legal and policy road.
Virtually
every state constitution requires the state legislature to provide for a system of free public education.
Randy Dorn, the elected head of the state's Office of Superintendent of Public Instruction, believes that
the state Constitution requires all public schools to be under his department's jurisdiction.
Judge Hobgood granted his injunction to temporarily halt the school voucher program on the basis of voucher challengers» first claim for relief: that
the state constitution requires that state funds be used exclusively for establishing and maintaining a uniform system of free public schools.
By 1921 the Louisiana
state constitution required that all public schools teach in English only (del Valle, 2003).
This history makes it clear that not only does our Supreme Court have the power to repeal these illegal tax breaks - but that
our State Constitution REQUIRES our Supreme Court to repeal all tax breaks in order to fully fund our schools!
For example,
our state constitution requires every school district to provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin and prohibits the expenditure of public funds to support private schools.
The Court held
the state constitution requires «public schools provide their students with an education suitable to give them the opportunity to be responsible citizens able to participate fully in democratic institutions, such as jury service and voting, and to prepare them to progress to institutions of higher education, or to attain productive employment and otherwise to contribute to the state's economy.»
Nearly
every state constitution requires uniformity in taxation, meaning that two like properties should receive the same assessment, no matter how they are owned, occupied, built or financed.
Not exact matches
Contrary to what many might expect, for example, the
Constitution does not explicitly
require the federal government or the
states to protect the health of citizens — and, in fact, does not mention the word «health» anywhere in its 4,543 words or in any of its amendments.
However,
state constitutions generally
require balanced budgets, which can force countervailing changes in outlays and tax rules.
But they are
required by the Quran to establish this global Islamic
state on the rubble of every civilization, every
constitution, every government.»
of the
Constitution of the United
States is very clear on this subject: «but no religious Test shall ever be
required as a Qualification to any Office or public Trust under the United
States.»
(A decision for same - sex marriage by a
state could as in the case of Massachusetts, preempts the debate in that
state, but it is less far - reaching because it leaves other
states to arrive at a different conclusion — unless, as some same - sex - marriage proponents have claimed, other
states are
required to recognize such marriages under the
Constitution's requirement of giving «full faith and credit» to other
states» proceedings.)
Thus we must assign the mode of causal efficacy to the fundamental
constitution of an occasion so that in germ this mode belongs even to organisms of the lowest grade; while the mode of presentational immediacy
requires the more sophistical activity of the later
states of process, so as to belong only to organisms of a relatively high grade.
The most sustained religious discussion in these huge volumes has to do with the line in Article VI of the
Constitution that «no religious Test shall ever be
required as a Qualification to any Office or public Trust under the United
States.»
With respect to each of these questions, either an affirmative or negative answer can now be shown to be not merely prudent or imprudent but, given the current
state of constitutional discourse, actually
required or prohibited by the
Constitution.
But I do remember, Senator, that, in the course of my own education in Catholic schools, we were
required to read the
Constitution of the United
States; perhaps you were, too?
Thus would arise the argument I discussed (and criticized) in my review: that the
Constitution should be interpreted in light of certain natural law principles to
require (not just allow)
states to prohibit abortion.
Last month, Nepal adopted a new
constitution that establishes it as a secular country, but still
requires the
state to protect Hinduism.
This morning, the US Supreme Court is hearing arguments on whether our
Constitution requires states to recognize same - sex civil marriages.
The Senators and Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of the United
States and of the several
States, shall be bound by Oath or Affirmation, to support this
Constitution; but no religious test shall ever be
required as a qualification to any office or public trust under the United
States.
Radical feminism overrode the
Constitution in United
States v. Virginia, which held, seven votes to one, that the equal protection clause
required Virginia Military Institute to admit women.
When the Founders wrote the nation's
Constitution, they specified that «no religious test shall ever be
required as a qualification to any office or public trust under the United
States.»
The
State of Utah, for example, was admitted to the Union only on condition that its
constitution's prohibition of polygamy could not be revoked without the consent of the United
States — thus
requiring polygamists to persuade the entire nation and not simply the voters of Utah.
All that said, Equal Liberty should be appreciated as an improvement on strict no - aid versions of church -
state separation and welcomed as a powerful response to those who contend that our
Constitution requires a naked public square or a civil society evacuated of religious argument and expression.
Early in 1789 the
required nine
states had ratified the new
Constitution, and George Washington was elected first President.
«The Illinois
Constitution does not
require a single store to provide a forum for the exercise of political expression, «contended Donald Mizerk and Renee Goldfarb, top aides to
State «s Atty. Jack O`Malley, in written arguments filed with the state high c
State «s Atty. Jack O`Malley, in written arguments filed with the
state high c
state high court.
The Illinois
Constitution requires that
state lawmakers live in the districts they serve.
Given that it took the 27th Amendment to the United
States Constitution over 200 years to be ratified, would the Equal Rights Amendment that is currently three states short of the required 38 states need to start the entire process over again given that the deadline written into the initial law has been exc
States Constitution over 200 years to be ratified, would the Equal Rights Amendment that is currently three
states short of the required 38 states need to start the entire process over again given that the deadline written into the initial law has been exc
states short of the
required 38
states need to start the entire process over again given that the deadline written into the initial law has been exc
states need to start the entire process over again given that the deadline written into the initial law has been exceeded?
Moreover, each and every member of Congress should be notified that he or she is personally liable (can be sued) for his or her own failure, or the same in conspiracy with other members, to perform what is a ministerial and constitutional duty, that is, to
require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens» under Article II of the United
States Constitution, the failure of which creates a cause of action for deprivation of claimants» constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United
States as a Constitutional Republic.
Given the many constraints the US
Constitution places on the acts that simple majorities can take — like the extraordinary representation of small
states in the Senate, and the power of the filibuster to thwart majorities — it strains credulity to argue that certain geographically concentrated interests
require added protection from the majority of Americans.
Republican
State Senator Mike Nozzolio says the 63rd Senate District created in the proposed redistricting lines is required under the constitution, even though the state's population as a whole is declining relative to the rest of the nation and the state is losing two congressional distr
State Senator Mike Nozzolio says the 63rd Senate District created in the proposed redistricting lines is
required under the
constitution, even though the
state's population as a whole is declining relative to the rest of the nation and the state is losing two congressional distr
state's population as a whole is declining relative to the rest of the nation and the
state is losing two congressional distr
state is losing two congressional districts.
The bill, which is an amendment to the
state's
constitution,
requires that the Governor's «message shall be delivered orally in the Assembly Chamber, during the first week of legislative session, with a quorum of the Assembly and a quorum of the Senate present.»
Even though the Article V Convention process has never been used to amend the
Constitution, the number of
states applying for a convention has nearly reached the
required threshold several times.
«This is the year the
state should significantly increase the Foundation Formula, eliminate the Gap Elimination Adjustment and make good on its commitment that, no matter where students live or go to school, they have the opportunity for the sound, basic education the New York
Constitution requires.»
She noted the
Constitution doesn't
require candidates to live in the district they're seeking to represent, although generally living in another
state entirely is a tough sell with voters (perhaps there's a different standard for former football stars).
Furthermore, Democrats applauded the initiative taken to negotiate the Iran Nuclear Deal despite many knowing it was an overreach of executive power as it would never be approved by a two - thirds majority of the Senate as
required by the United
States Constitution.