Sentences with phrase «states under the constitution»

People, person, or persons as used in this Constitution does not include corporations, limited liability companies or other corporate entities established by the laws of any state, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected state and federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.
Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».
The Nation initially brought a lawsuit against the state in 1999 but said it was ultimately rejected by a federal court because a state under the Constitution couldn't legally be sued.
Mr. Stringer's duties and powers are a matter of the City Charter, which Mr. Cuomo can not alter, but the governor emphasized that housing the homeless is a responsibility of the state under its constitution.
The landmark U.S. Supreme Court decision Gideon v. Wainwright determined it to be an «obvious truth» that criminal defendants can not get a fair trial without a lawyer and mandated all states under the Constitution to provide attorneys for defendants unable to afford their own lawyers.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

Not exact matches

The Justice Department lawsuit will cite a provision of the U.S. Constitution known as the «Supremacy Clause,» under which federal laws trump state laws.
Attorney Robert Dolinko of San Francisco labor and employment law firm Nixon Peabody is doubtful Senigaglia would have a strong case if she alleged a violation of privacy, which is a right under the state of California's constitution.
«It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws... for the President to authorize the military to use lethal force within the territory of the United States,» he wrote.
Given that Congress jealously guards its powers under the Constitution, such an effort would likely gain the support of representatives from most states, not only those with an economic interest in maintaining NAFTA.
Under Article II of the Constitution, only Officers of the United States may bring litigation on behalf of the Executive Branch.
«The president has a duty under the Constitution to «take Care that the Laws be faithfully executed,» and DACA does exactly the opposite,» the Texas Attorney General stated.
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.)
Massachusetts and others among the founding thirteen states, while protecting the full religious liberty of citizens under their new constitutions after Independence, maintained an established church and entrusted important moral and educational tasks to church communities with state support, direct or indirect.
Furthermore, under the general welfare provision of the Constitution, the Federal Government offers financial assistance to states and local communities for a variety of educational purposes, ranging from subsidies for school lunch programs to salaries for teachers of agriculture and loans for school building construction.
The difficulty is that the existence of slavery under state law was acknowledged by the original Constitution.
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
I, RICK PERRY, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, do hereby proclaim the three - day period from Friday, April 22, 2011, to Sunday, April 24, 2011, as Days of Prayer for Rain in the State of Texas.
The importance of the second and third issues is obvious for decisions about a written constitution, which later was interpreted as involving judicial review of acts of Congress, and for a federal union of states having partial autonomy under a national government.
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.
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
That the phrase «separation of church and state» does not appear in the text of the Constitution assumes much importance, it seems, to some who may have once labored under the misimpression it was there and, upon learning they were mistaken, reckon they've discovered a key to solving a Constitutional mystery.
A district court has granted a plaintiff's motion to remand a lawsuit back to a state court after the plaintiff, who was seeking a waiver of ineligibility from the Kentucky High School Athletics Association, withdrew his allegation that his rights under the United States Constitution were violated.
Mass Audubon opposes proposed natural gas pipelines (see No Pipeline Position Statement), that would have major environmental impacts on public and private conservation lands including properties «permanently» protected under Article 97 of the State Constitution.
The federal government could, however, decide to resume enforcing these laws any time it wanted to and the states would have little - to - no recourse to stop it from doing so, other than attempting to argue in court that federal drug laws aren't authorized under the Constitution in the first place.
He is now trying to alter the French constitution to increase his powers under a state of emergency, prolong certain of the powers after it is lifted, and remove legal avenues to challenging them.
Schneiderman last year filed a legal challenge to major fantasy sports operators, arguing the companies in New York act as «games of chance» — outlawed under the state's Constitution.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
If the father and / or mother of the baby born at Palmyra Island were U.S. citizens that would have been an alternate means by which the child would be a U.S. citizen at birth in that case, and a U.S. citizen is also under the U.S. Constitution a citizen of the U.S. state in which he or she resides.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanstate shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanState to the contrary notwithstanding.
It pointed out that «as government may be swayed away by the euphoria, we would like to draw your attention to a possible breach of Article 35 clause 5 of the 1992 constitution under the Directive Principle of State Policy which states:
The state of Washington argued that the President exceeded his statutory authority under the Immigration and Nationality Act, and violated the First and Fifth Amendments of the Constitution when issuing his order.
It's very difficult — in the US it's your programmes, your government at least, you have got more leeway; and then, of course, there is the whole aspect of the relation the citizen has with the state under the US Constitution for Americans to draw on.
«The PDP holds that the governor and the APC are jittery and unpopular of going into the grass roots elections in the state, thus the decisions to control the councils by nomenclature of executive secretaries and sole administrators, which are alien and offensive to the provisions of our Constitution, which under section 7 guarantees only democratically elected local government council administrations.»
There are two reasons why the «broadcasting contribution» (Rundfunkbeitrag) was not created as a tax, both of them rather technical: Under the German constitution, the states are responsible for cultural affairs (which includes broadcasting, but also schools and universities).
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.
I'm under the impression that state constitutions detail how votes are made for house reps, senators, and governors.
However, since we have a good argument that the United States (as in the People of the United States in contradistinction to branches of the United States government) did not declare war under the Constitution, there may easily have been a violation of the «declaration of war» portion of Hague - 3.
«Because the Constitution provides the authority for the allocation of monies for particular and additional services, appertaining to or entailed by that special capacity, the documents filed with the Comptroller can not be false and therefore the instruments filed were not false filings under Penal Law,» the memo states.
Firstly, gun rights are protected under the United States Constitution.
Under the Constitution, action by the US President to declare a war is insufficient to bind the United States so as to place it in a state of war.
Under the state constitution, the Legislature picks a successor when there is a vacancy in the attorney general's office.
First in his original budget, and then in the 30 - day amendments released last Friday, Cuomo placed controversial ethics and education reforms in appropriations bills, over which the Legislature is afforded very little power under the state Constitution.
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 distrState 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 distrstate's population as a whole is declining relative to the rest of the nation and the state is losing two congressional distrstate is losing two congressional districts.
Senate Co-chair Michael Nozzolio says under the state's constitution, it's their job to try to draw the lines.
The legislation comes after Attorney General Eric Schneiderman filed a legal challenge against major fantasy sports operators in New York, charging they were running games of chance, illegal under the state's constitution.
It is, therefore, with a feeling of gratification that I have noted in the constitution of the National Federation of Federal Employees the provision that «under no circumstances shall this Federation engage in or support strikes against the United States Government.»
Under what measures are they going to enforce sweeping changes to the Constitution without the support of state governments?
Under our current constitution, no convention of states has ever amended the Cconstitution, no convention of states has ever amended the ConstitutionConstitution.
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