Sentences with phrase «as constitutional by»

Two separate tort reform measures, Ohio Revised Code § § 2315.18 and 2315.21 (D), were upheld as constitutional by the Ohio Supreme Court in 2007.
The corporate - state was certified as constitutional by the US Supreme Court in its recent decision on corporate campaign financing.
With local stories pouring in each day of the very real ways the Tea Party shutdown is hurting the middle class, it's time Republicans in Congress come to grips with reality that the Affordable Care Act is the law of the land, that it was upheld as constitutional by the U.S. Supreme Court, and that it's working.»
The GOP - lead House is set to vote yet again to repeal the Affordable Care Act recently upheld as constitutional by the US Supreme Court.
Whitehead notes that many school districts continue to resist the Equal Access Act, passed by Congress seven years ago and upheld as constitutional by an 8 - to - l vote of the Supreme Court.

Not exact matches

Named after the 13th constitutional amendment, which abolished slavery except as «punishment for crime,» the doc uses archival footage and expert commentary to make the case that slavery hasn't disappeared from the U.S. — it's evolved into our modern system of mass incarceration, one in which many prisons are run by for - profit companies and prisoners can be paid a pittance to work for corporations.
The law, known as Senate Bill 4, is slated to take effect Sept. 1, but has been challenged in court by rights organizations and localities that say the law infringes on local governments» constitutional rights, and will sow fear through immigrant communities by dissuading people from reporting crimes or testifying as witnesses out of fear they will be deported.
Macron's enthusiastic persona and his image as a «winner» — having been elected with a 66 percent majority, followed by a landslide victory in parliamentary elections giving him full constitutional powers — has charmed and impressed Donald Trump.
Notably, seven provinces opposed to the legislation, which, «in its drafting, if not in its intent, had serious and, in the view of the vast majority of witnesses, fatal flaws as to the constitutional violation of sections 92 and 91 of the British North America Act, the Charter of Rights and Freedoms, freedom of speech, expression and association as protected by that very Charter of Rights and Freedoms,» Segal said.
The debate over the role of Congress will be further complicated by the impending U.S. midterm elections as well as constitutional litigation over the respective roles of the White House and Congress regarding abrogation of trade agreements.
But, Alberta does not have the constitutional authority, at least so far as I can tell, to regulate the point and method by which exports take place, nor does it necessarily have any authority to interrupt specific exports which would otherwise be permissible with respect to aggregate export restrictions.
As a federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.»
Owen Fiss urges judges to avoid an «arid and artificial» focus upon the words and original meaning of constitutional provisions by instead reading «the moral as well as the legal text» of the Constitution.
Let's get the constitutional issues made more political, by getting them more often debated as amendments.
By framing abortion as a nearly unqualified constitutional right, without fully considering the claims of fetal life, we have not taken a stride to a more virtuous society.
This relative «openness to revision and correction,» as constitutional scholar H. Jefferson Powell calls it, should be appreciated by Christians.
In the end, sound constitutional interpretation is ensured not so much by principles on paper as by judges with certain virtues.
Market economies and constitutional schemes for democratic governance are necessary, but, as Wieseltier correctly notes, the critical forces in self - determination are those realities external to the self by which people believe they are determined.
This would bring the matter to a constitutional crisis, resolvable perhaps only by force, as at Ole Miss in 1962.
You eliminate the mandate by saying there can be no such mandate and you call the penalty that the law calls a penalty a tax because a tax in the absence of a mandate would be okay, and since there is no longer a mandate, it is possible to reimagine the penalty as a tax and therefore the new law without the mandate and the penalty, but with an optional tax, is constitutional even though that is not the law that Congress actually passed.
It is Professor Arkes» larger claims for a natural law constitutional jurisprudence — claims advanced by Professor Hittinger and Mr. Ball as well — that, it seems to me, land the whole enterprise in trouble.
The council called on the new government to «restore constitutional order and affirm citizens» political, economic and other fundamental rights and freedoms» and to assert «the territorial integrity of Ukraine, whose independence is a gift from God and is valued by our entire nation, which is why we have no right to allow for its separation, as this would be a sin before God and future generations.»
The platform planks for «32 embodied a number of Century concerns: U.S. adherence to the World Court protocol; U.S. entry into the League of Nations, provided that its covenant be amended to eliminate military sanctions; U.S. recognition of the Soviet Union (which was granted a year later); the safeguarding of the rights of conscientious objectors (including those denied citizenship, such as Canadian - born theologian D. C. Macintosh of Yale Divinity School); the abolition of compulsory military training in state - supported educational institutions other than military and naval academies; emergency measures for relief and public - works employment; the securing of constitutional rights for minorities; the reduction of gross inequality of income by steeply progressive rates of taxation on large incomes; «progressive socialization of the ownership and control of natural resources, public utilities and basic industries»; «the nationalization of our entire banking system»; and so on (June 8, 1932).
A voucher for specific social services, provided directly to clients by the state, could be redeemed by clients at an organization of their choice — and that organization could be as secular or as religious as it wanted to be without raising any constitutional difficulties.
And one result of that is a constitutional crisis created by what is aptly described as the judicial usurpation of politics.
Consistent with the Hoover Report's recommendations that the United States had to reconsider «long - standing American concepts of fair play» and «learn to subvert, sabotage and destroy our enemies,» the shadow government built alliances between U.S. government officials, the Mafia, and international drug cartels; assassinated many thousands of civilians in Southeast Asia; carried out or attempted assassination of foreign leaders; trained death squads and secret police forces; worked to shore up unpopular dictators like the Shah of Iran and the Somoza dictatorship in prerevolutionary Nicaragua; worked to destabilize «unfriendly» governments such as Allende in Chile and the Sandinistas in Nicaragua; cooperated with the Colombian drug cartel to plot the assassination of the former U.S. ambassador to Costa Rica, Lewis Tambs, with the intention of justifying a U.S. invasion of Nicaragua by blaming his death on the Sandinistas; contracted with the Reagan administration and the National Security Council to find ways of circumventing a congressional ban prohibiting aid to the contras, including the trading of arms to Iran in exchange for hostages and money for the contras; illegally shipped weapons from the United States to the contras and allowed returning planes to use the same protected flight paths to transport drugs into the United States; 11 targeted the U.S. people for disinformation campaigns; and helped prepare contingency plans for declaring a form of martial law in the United States that would have formally suspended constitutional freedoms.
That one action by Senator Kennedy paved the way for a judicial appointment that almost surely was the key to preserving a constitutional right to abortion on demand and to the overturning of U.S. laws protecting marriage as the union of one man and one woman.
Some would even call a film like The Post, directed by Steven Spielberg, a piece of light propaganda for the free press, while others would celebrate it as a necessary gut check for how fragile our institutions and constitutional rights truly are.
The conference finally adopted several arguably peripheral constitutional amendments such as forbidding acquisition of new U.S. territory without approval by a majority of both slave - state and free - state senators, guaranteeing federal compensation for fugitive slaves when failure to return them was due to anti-slavery violence or intimidation, and restoring and perpetuating the Missouri Compromise line that once satisfied both regions but had been struck down by the Dred Scott decision.
This rejectionism had, over time, crystallized — some would say, fossilized — into the view that the legal establishment of the Catholic Church as the official religion of the state was the desired arrangement (the «thesis,» in the theological jargon of the day), while other arrangements (like the American constitutional order) were mere «hypotheses» that could, under certain historical circumstances, be «tolerated» — even as Catholics in countries governed by the «hypothesis» worked for the day when the «thesis» of Catholic establishment could be....
This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.
According to the logic of the Court, the Free Exercise Clause does not protect churches in these circumstances, unless some other constitutional right, such as Free Speech or the right of parents to control the upbringing of their children, is violated by the governmental intrusion.
It is significant, for example, that John Adams, during his first year as our first vice-president under the new liberal constitutional regime, said, «We have no government armed with power capable of contending with human passions unbridled by morality and religion.
Reformers pursued these goals for the most part by means of legislation or constitutional amendment, not yet having enlisted the judiciary as an active agent of their cause.
Mr Wilson was quoted by the Kansas City Star as saying: «Our district respects all religious beliefs and the constitutional rights of every student.
They consider the constitutional right of religious freedom given to all citizens under the Secular State as guaranteeing all religious communities the right to follow their traditional «personal» law regulating family and community relations which are sanctioned by religion.
Thomas Jefferson was of course in France at the time the constitutional amendments known as the Bill of Rights were passed by Congress and ratified by the States.
We as a nation can not pay back their valor by denying any of their Constitutional rights, in this case it would be the right of freedom to worship.
These ideals were a living reality commonly accepted by Americans on a high level of valuations — accepted, as I found, by the oppressors as well as the oppressed, and written into the constitutional documents.
I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by other departments of the government.
Yet the address also sounds a new theme by praising the moral strengths of Western democracy» especially Ronald Reagan's inspiring political leadership that enabled the West to win the Cold War, as well as the constitutional restraints on power that protect personal liberty.
Churches» limited exemption from antidiscrimination law is not and can not be justified as a special privilege for religion but simply as an instance of the autonomy, privacy, and «freedom of association» enjoyed by all members of the constitutional community, religious and nonreligious alike.
The establishment of the chaplainship to Congs is a palpable violation of equal rights, as well as of Constitutional principles: The tenets of the chaplains elected [by the majority] shut the door of worship agst the members whose creeds & consciences forbid a participation in that of the majority.
««Privacy,» «he said, «is a broad, abstract, and ambiguous concept which can easily be shrunken in meaning but which can also, on the other hand, be interpreted as a constitutional ban against many other searches and seizures [than those intended by the Fourth Amendment].»
The United States is the nation it is today because of Lincoln's unswerving constitutional commitment to maintaining the Union, his fidelity to the Constitution as he understood it and not necessarily as it was understood by others, and his willingness to fight for constitutional principle.
The dynamic of despotism was such that the rejection of first principles led inexorably to an assault on constitutional rights, as the defenders of slavery sought to undermine the rights of speech, press, assembly, and petition (whenever they were exercised by slavery's opponents, that is).
As many journalists and commentators have argued, agreements like the TPP have dubious benefits for citizens of the countries involved.ISDS provisions have been criticised by U.S. Constitutional lawyer Lori Wallach for «empowering corporations to sue governments — outside their domestic court systems — over any action the corporations believe undermines their expected future profits or rights under the pact by reporting breaches, removing online content and even denying access to Internet users».
Breastfeeding is a protected Constitutional right in all 50 states as stated by the Supreme Court:
There is a very real possibility that under this administration my daughters will lost their Constitutional rights to reproductive freedom and therefore autonomy of their bodies, as is already happening state by state.
This election, in contrast, was praised by observers as being generally smooth and peaceful, with the country's Constitutional Council confirming Monday that Ouattara scooped 83.66 percent of the vote.
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