Sentences with phrase «by the constitution upon»

The belief that God's tenderness embraces all creatures gives more meaning to the words with which Abraham Lincoln concluded the Emancipation Proclamation: «And upon this act, sincerely believed to be an act of justice, warranted by the Constitution upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God.»

Not exact matches

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.

The first thing pomocon readers should know is that this one of the artworks that best captures or plays upon the idea, sometimes floated by Jim Ceaser hereabouts, that America has an «unwritten Constitution» that can only be described as Christian.

They repeatedly requested the Massachusetts General Court, for example, to establish a constitution so that the people of the commonwealth would not be left «in a state of nature,» by which they meant, with Jonathan Edwards, «Hobbs state of war,» where men «would act as the wild beast of the desert; prey upon and destroy one another, «35 We are not surprised to learn that Alexander Hamilton said, «We may preach till we are tired of the theme the necessity of disinterestedness in republics, without making a single proselyte.»

U.S. Supreme Court justices, for example, have been called «the nine high priests,» and the sacredness imputed to the Constitution and other artifacts of the legal order are often commented upon.102 No single church evokes the breadth of respect enjoyed by the Supreme Court.

Gaudium et Spes, as the constitution is normally referred to, based many of its reflections upon the following insight: «The human race is passing from a rather static concept of the order of things to a more dynamic, evolutionary one» (n. 5) Its authors, as well as Ronald Knox 20 years earlier and to some degree Rene Descartes 350 years earlier, recognised that such an understanding was invited by the method of the new sciences.

This admixture appears based upon the conjunction of revealed religion with the natural law as set in creation by its Creator, at the head of which is the mind of man — law which defines nature's constitution from the physical to the structure of human society, including the general moral precepts by which it must be governed.

More precisely: does the Constitution sanction the private use of lethal force, and if so, how can that understanding be squared with the unalienable character of the rights bestowed upon us by the laws of nature and nature's God?

According to the first Vatican Council of the Roman Catholic Church, a permanent constitution of the church had been conferred upon it by the Lord Himself.

Even today, some scholars argue that it did nothing more than declare that the Supreme Court is within its rights in declining to exercise an authority putatively conferred upon it by Congress when such authority exceeds the jurisdiction granted to the Court under Article Three of the Constitution.

According to the greatest proponent of the organic model, Edmund Burke, his beloved constitution of England was not «formed upon a regular plan or with any unity of design,» but developed «in a great length of time and by a great variety of accidents.»

The case for EVEL appears to be founded upon the view that the natural equilibrium, long understood to successfully balance the parliamentary constitution of Westminster, has been profoundly undermined by unequal and unfair programmes of devolution undertaken by successive UK governments.

As reactions continue to trail the constitution amendment exercise embarked upon by the National Assembly, lately, a former Vice President, Atiku Abubakar has expressed his displeasure on the blockage of the passage of Bill No. 3, which would have granted devolution of powers to the states.

The plaintiff is seeking: A declaration that upon a true and proper interpretation of the provisions of the 1992 Constitution, particularly Articles 88 (5), 218 (a) and (e), 284 and 287 thereof, the 1st defendant can not act as the legal representative for Honourable Kenneth Nana Yaw Ofori Atta, the Minister of Finance of the Republic of Ghana, in a pending investigation bordering on conflict of interest and abuse of office before the 2nd Defendant; A further declaration that the purported response filed by the 1st Defendant on behalf of the said Honorable Kenneth Nana Yaw Ofori Atta in respect of the petition concerning conflict of interest and abuse of office before the 2nd Defendant is unconstitutional, null and void and of no effect whatsoever;

The Constitution Act, 1867 -LSB-...] expressly confers upon the Queen or the Governor General the power to withhold the royal assent from a bill that has been enacted by the two Houses of Parliament (s. 55), but a convention stipulates that the royal assent shall never be withheld.

A declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992, «special voting» as provided for by Regulation 23 of the Public Elections Regulations, 2016; CI.94 is a part of public elections.

A declaration that upon a true and proper interpretation of Article 49 of the Constitution of the Republic of Ghana, 1992, and Section 13 of the Representation of the People Law, 1992; PNDCL 284; the ballots to be cast pursuant to Regulation 23 (1), (2), (3)-LRB-, (4), (5), (6), (7), (8)(9) and (10) of the Public Elections Regulations, 2016; CI.94 by special voters in the December, 2016 presidential and parliamentary elections ought to be counted and announced there and then on the date (s) of the special voting; by the presiding officers and the results at each poling station; before communicating same to the returning officer.

Sections 69 and 110 of the Constitution of the Federal Republic of Nigeria and section 116 of the Electoral Act 2010 (as amended) empowers INEC to conduct Recall proceedings against a member of the National Assembly, State House of Assembly, or the Area Council of the FCT, upon the receipt of a valid petition alleging a loss of confidence in the member, by more than 50 % of voters registered to vote in that member's constituency.

(b) Each Democratic organization shall have a written constitution which provides among other things (i) that the annual election of officers be by a secret ballot of the members of the organization; (ii) that membership in the organization be open to all enrolled Democrats residing in the political subdivision for which the organization is to function; (iii) that there be periodic financial reports to the membership, with at least one report each year and that the receipts and expenditures of the organization may be reviewed upon the written request of any member of the organization at a reasonable time and place fixed by an officer of the organization designated for that purpose; (iv) that endorsement of all candidates for party position or public office in the party primary be by a secret ballot of the members of the organization.

«In this application, if one carefully considers the reliefs sought by the first interested party at the high court, it becomes abundantly clear that the court was never called upon to interpret article 94 (1)(a) of the constitution.

Under the provisions of the new Constitution, upon taking office the senators were classified by drawing lots to terms of one, two, three or four years, as shown in the table below.

I do recommend and assign Thursday, the 26th day of November next, to be devoted by the people of these States to the service of that great and glorious Being who is the beneficent author of all the good that was, that is, or that will be; that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country previous to their becoming a nation; for the signal and manifold mercies and the favorable interpositions of His providence in the course and conclusion of the late war; for the great degree of tranquillity, union, and plenty which we have since enjoyed; for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national one now lately instituted; for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge; and, in general, for all the great and various favors which He has been pleased to confer upon us.

The plaintiffs prayed the court to declare that upon true and proper construction of Article 144 clauses (2) and (3) of the 1992 Constitution, all appointments made by the President of the Republic of Ghana to the Supreme Court were valid on the condition they were made in strict accordance with the advice of the Judicial Council.

The court held that the contracts upon which Mr Woyome made and received the claim were in contravention of Article 181 (5) of the 1992 Constitution of Ghana, which requires such contracts to be laid before and approved by Parliament.

WHEREAS, this legislation is viewed by many citizens of the State of New York as being extremely controversial as those citizens view this Legislation as infringing upon their rights guaranteed to them under the second Amendment of the United State Constitution; and

That would allow them to comply with a three - day waiting period, required by the State Constitution, to allow the public and lawmakers to review the language of legislation before it is voted upon.

It shall be the duty of this Committee to consider and act upon such affiliation relationships, not defined by the Constitution, as affect the welfare of the Affiliated Societies collectively or in their relations to each other.

Where the Constitution is ambiguous, «this Court has no business imposing upon all Americans the resolution favored by the elite class from which the Members of this institution are selected.»

Article 97 of the Japanese constitution says, «The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age - old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time invioconstitution says, «The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age - old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time invioConstitution guaranteed to the people of Japan are fruits of the age - old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate.»

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

Our great country was founded by Christians and the Constitution was written by Christians who followed the teachings of a religion which says, 26And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.

The Executive Board may, upon complaint of any member and after due notice and hearing; acquit, censure, suspend, expel, or place on probation any member of the Association who has 1) violated the Constitution or By - laws, or 2) exhibited unethical conduct, fraud or other actions considered contrary to the objectives of the Association.

We hold, therefore, that where, as here, the investigation is no longer a general inquiry into an unsolved crime, but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to eliciting incriminating statements, the suspect has requested and been denied an opportunity to consult with his lawyer, and the police have not effectively warned him of his absolute constitutional right to remain silent, the accused has been denied «the Assistance of Counsel» in violation of the Sixth Amendment to the Constitution as «made obligatory upon the States by the Fourteenth Amendment,» Gideon v. Wainwright, 372 U.S. at 342, and that no statement elicited by the police during the interrogation may be used against him at a criminal trial.

«The judiciary, the legal profession, and all Canadians will be well served by his dedication to upholding the laws and Constitution upon which this country is founded.»

By the year 1897 the constitutional law was settled in Canada based upon the interpretation in the Judicial Committee of the Privy Council of section 109 of the Constitution Act, 1867.

The Prime Minister's role can and has evolved to some extent with usage and convention, but there is a fixed limit imposed upon the office by the Constitution Act, 1867 — namely, that whatever power the Prime Minister may wield in practice, he / she can never become the de jure head of state, since the Constitution Act, 1867 explicitly reserves this role for the Queen, as represented in Canada by the Governor General.

530, that there will be a decree against the plaintiffs, in order that they may avail themselves of the right secured to them by the constitution and laws, of a revision by the supreme court of the United States; where it is highly proper that this question, depending, as I think it does, mainly upon the constitution of the United States, should be ultimately decided.»

It is alleged by the defendant in error in this case that the plea to the jurisdiction was a sufficient plea; that it shows, on inspection of its allegations, confessed by the demurrer, that the plaintiff was not a citizen of the State of Missouri; that, upon this record, it must appear to this court that the case was not within the judicial power of the United States as defined and granted by the Constitution, because it was not a suit by a citizen of one State against a citizen of another State.

Thus it will be seen by these quotations from the opinion that the court, after stating the question it was about to decide in a manner too plain to be misunderstood, proceeded to decide it, and announced, as the opinion of the tribunal, that in organizing the judicial department of the Government in a Territory of the United States, Congress does not act under, and is not restricted by, the third article in the Constitution, and is not bound, in a Territory, to ordain and establish courts in which the judges hold their offices during good behaviour, but may exercise the discretionary power which a State exercises in establishing its judicial department and regulating the jurisdiction of its courts, and may authorize the Territorial Government to establish, or may itself establish, courts in which the judges hold their offices for a term of years only, and may vest in them judicial power upon subjects confided to the judiciary of the United States.

«Operation of a motor vehicle upon public streets and highways is not a mere privilege but is a RIGHT or liberty protected by the guarantees of Federal and State constitutions.»

The FTCA is the «exclusive means by which a party may sue the United States for money damages... in tort» pursuant to 28 USC § 2679, but this is really something of an exaggeration as there are lots of constitutional and statutory grounds upon which the United States government can also be sued for money damages that naively appear tort - like, such as a reverse condemnation action under the 5th Amendment to the United States Constitution.

Penner recommended that a First Nation be recognized by Canada upon providing a copy of its constitution to a panel established for that purpose.

The Government of the United States is a Government of delegated powers; it has only such powers as are expressly conferred upon it by the Constitution and such as are reasonably to be implied from those expressly granted.

Unlike the advisory - opinion matters that have come up before the Supreme Court, with their unlimited scope for interpretation of the terms of the Constitution and for the reconstruction of, and reflection upon legal principle — opportunities that provided scope for charting novel lines of jurisprudence — the Presidential - election case, though so vital in the progress of the new Constitution, and so momentous in political profile, was a matter the scope of which was well defined by elements of procedure, evidence and probability - evaluation.

Article IV of chapter 1 of Part the Second of the Constitution is hereby amended by inserting after the words «and to impose and levy proportional and reasonable assessments, rates and taxes, upon all the inhabitants of, and persons resident, and estates lying, within said Commonwealth» the words: -, except that, in addition to the powers conferred under Articles XLI and XCIX of the Amendments, the general court may classify real property according to its use in no more than four classes and to assess, rate and tax such property differently in the classes so established, but proportionately in the same class, and except that reasonable exemptions may be granted.

As it is argued by some that the right to bear arms guaranteed by the Second Amendment to the United States Constitution will be undermined by any attempt to place limits on the use of guns, so is it argued by its advocates that divorce mediation's very survival is dependent upon its certification, as it is only that certification that will justify divorce mediation to refer to itself as a «profession» and, as such, on a par with the legal profession and the mental health profession.

This Constitution may be amended by two - thirds of the number of votes cast by the delegates at the National Convention, provided the proposed amendment shall first have been submitted in writing to and been reported upon by the Board of Directors, and provided further, that written notice of the substance of the proposed change has been sent to each Member Board who is qualified to vote individually at least 30 days prior to the meeting at which the amendment is to be considered.

It's constitution will be voted upon for acceptance by its new members on a one vote per paying member basis.