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.