Sentences with phrase «by a clause mandating»

In Colorado, vouchers were brought down in 2004 by a clause mandating local control over local revenue and, in Florida, they were overturned in 2006 based on a clause enforcing a «uniform» system of education.

Not exact matches

I'm reading NFIB v. Sebelius (the Obamacare decision) in preparation for teaching the case to my constitutional law students and came across the following most interesting passage in in Justice Ginsburg's opinion: «A mandate to purchase a particular product would be unconstitutional if, for example, the edict impermissibly abridged the freedom of speech, interfered with the free exercise of religion, or infringed on a liberty interest protected by the Due Process Clause.»

Actually, the SCOTUS ruled that PPACA's individual mandate was NOT authorized by the Commerce Clause.

After finding that the individual mandate could not be justified by the Commerce Clause, he decided that it could be construed as a tax, and would thus be Constitutional:

Neither the PSFA funding formula nor the funding levels it establishes and enforces provide school districts with sufficient funding to meet the actual and foreseeable costs of educating their students in accordance with the requirements of the Education Clause of the Colorado Constitution, education reform legislation, or the Colorado Consolidated State Plan (mandated by the No Child Left Behind Act).

The state has never conducted a study to determine if the levels of funding provided by the PSFA are sufficient to maintain a public school system that meets the qualitative standards of the Education Clause or the mandates of state education reform legislation and the Consolidated State Plan.

n order to meet the requirements of the mandates of the Education Clause of the Colorado Constitution, education reform legislation, and the Colorado Consolidated State Plan, Colorado schools would need an infusion of funding far beyond that required by Amendment 23 to the state constitution.

The Florida public - school establishment is suing to repeal the Sunshine State's 13 - year - old school - choice tax credit and its new education savings accounts under the state's Blaine Amendment and its «uniformity clause,» which mandates that «Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools...» The Florida Supreme Court previously struck down the state's voucher program under this provision in Bush v. Holmes (2006), on the grounds that the vouchers «divert [ed] public dollars» from «the sole means set out in the Constitution for the state to provide for the education of Florida's children.»

Most destructively and unbelievably, the ASPCA written legislation contains a clause that would, for all practical purposes, eliminate the legally mandated holding period for stray animals by allowing shelters to kill any animal who they found to be in «psychological pain».

The Supremacy Clause (Article VI, Paragraph 2) establishes the Constitution, Federal Statutes, and treaties as «the supreme Law of the Land», mandating that state judges be bound by them, even if state constitutions or laws conflict.

One clause of the Windows Insider Program Agreement strikes me as potentially burdensome because it mandates activity which does not appear to directly benefit Microsoft (emphasis original): By...

On the 24th January 2017, the United Kingdom Supreme Court returned the Miller judgment on appeal confirming the High Court's decision of 3rd November 2016 that a further Act of Parliament was required in order to fulfil the necessary condition for withdrawal mandated by the European Union Treaties» withdrawal clause.

This may be regarded as the establishment or recognition of a residual and minimal legal «safety - net» that could be regarded as binding upon the conduct of both named parties for the purposes of the action they are undertaking which is mandated and legitimated by the Union withdrawal clause (for an argument that the UK government and the EU institutions are bound by EU law in the conduct of the negotiations, see here).

Included in the group's mandate will be a look into whether assignment clauses are being used appropriately, and development of recommendations to increase the Council's enforcement and oversight of non-disclosure by licensees investing in properties.