Sentences with phrase «case of constitutional amendments»

Ms. Briccetti commended the Cuomo Administration for its willingness to work cooperatively with a longtime New York employer, and commended the state Legislature for approving the proposed amendment twice, as is required in the case of constitutional amendments.
In the case of constitutional amendments, almost every legislature must place them before voters.

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.
As long as we continue to club the other Presbyterians into submission with constitutional amendments, judicial cases and economic boycotts, we have no word for a world full of murderous divisions, most of them cloaked in religion.
As long as Presbyterians continue to club the other into submission with constitutional amendments, judicial cases and economic boycotts, we have no word for a world full of murderous divisions, most of them cloaked in religion.
As it turns out, these poor fellows may not have been vagrants but merely exercising their constitutional rights: The Obama Administration recently filed a legal brief in a case out of Boise arguing that, in certain circumstances, outlawing sleeping in public violates the Eighth Amendment proscription against «cruel and unusual punishment.»
In that case Justice Rehnquist wrote that Alabama has the right to enforce government - sponsored prayer in public schools, and even to establish a state - sponsored church if it wants to — which questions the premise (based on the Fourteenth Amendment) that constitutional prohibitions on infringement of rights extend to the states.
While the First Amendment would seem to provide the answer to these objections by limiting majority rule in the case of fundamental freedoms, minority faiths in America know all too well that even constitutional guarantees are not iron - clad.
The League, along with Citizen's Union, also wants the legislature to adopt a law that requires the same changes, just in case the constitutional amendment, which requires the approval of two consecutively elected legislatures, plus a public vote, does not ultimately pass.
The bill called the «NYS Government Transparency Act» would be a constitutional amendment that would prevent all legislative proceedings between midnight and 8 a.m. and limit messages of necessity in case of instances like a security threat, natural disaster or dire fiscal situation.
Barbara Bartoletti of the state League of Women Voters said the constitutional amendments are not items that the Legislature «is going to be particularly interested in; I think they've made that case to the governor already.
WAMC's David Guistina talks with Mike Spain of the Times Union about legal fees two local lawyers, who are also local officials, claim are owed to them from a 2006 civil rights case and a proposed New York State constitutional amendment to strip the pensions of corrupt public officials.
Basically transportation groups, unions and a variety of state and local leaders are trying to make the case that people want a constitutional amendment protecting transportation money.
Noting that the «parties devote a significant portion of their briefs discussing the question whether the constitutional provisions at issue in this case are so - called «Blaine amendments»» originally motivated by anti-Catholic nativist sentiment, the court found that «none of the parties has produced any authority suggesting we may disregard constitutional provisions merely because we suspect they may have been tainted by questionable motives.
CIR filed an amicus brief in a 2012 case challenging California's Prop. 209 on the grounds that a state constitutional amendment barring the use of racial preferences was itself illegal racial discrimination.
However, a district judge threw out the case in 2006, ruling that because the system complied with Amendment 23, which mandates that school funding increase every year by at least the rate of inflation, it was constitutional.
SeaWorld's lawyers say the case crosses the boundaries of «legitimate constitutional debate» and is «utterly lacking in legal merit» because the 13th Amendment specifically refers to «persons,» not animals.
Yet, if it is primarily the preserve of constitutional theorists — think of the American debate about the constitutionality of a proposed flag - burning amendment — it is nevertheless an issue with practical implications, as witnessed in the recent Pringle case before the CJEU.
The bases from which this principle was derived clearly had no constitutional dimension; there was not the slightest suggestion that the First Amendment or any other provision of the Constitution was relevant to the decision in that case.
Perhaps listening to these podcasts will help my 2Ls who are taking constitutional law understand the various levels of scrutiny in First Amendment cases, a concept that seems to be eluding some of them.
in Argersinger, the Court today retreats to the indefensible position that the Argersinger «actual imprisonment» standard is the only test for determining the boundary of the Sixth Amendment right to appointed counsel in state misdemeanor cases, thus necessarily deciding that, in many cases (such as this one), a defendant will have no right to appointed counsel even when he has a constitutional right to a jury trial.
Finally, it is suggested, even if the States in these cases may be deemed to have acted in the constitutional sense, their action did not deprive petitioners of rights guaranteed by the Fourteenth Amendment.
In cases in which the Fourth Amendment requires that a warrant to search be obtained, «probable cause» is the standard by which a particular decision to search is tested against the constitutional mandate of reasonableness.
For example, an analysis of this concept in the context of random drug testing of students engaged in extracurricular activities where the school's common law authority is balanced against constitutional concerns about privacy under the 4th Amendment is found in the U.S. Supreme Court case Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).
The constitutional question presented by this case is whether members of the public have a First Amendment right to insist upon access to the transcript of a preliminary hearing during the period before the public trial, even though the accused, the prosecutor, and the trial judge have all agreed to the sealing of the transcript in order to assure a fair trial.
To be sure, there are storm clouds on the progressive legal horizon: the UT affirmative action case; Shelby County and the future of the VRA; the reargument in Kiobel; the Article III standing question in the constitutional challenge to the FISA Amendments Act; and a host of other cases in the food chain in which the Court's conservative majority is likely to assert itself at the expense of progressives.
We do not interpret Constitutional case law as supporting the view that a federal agency's review of information pursuant to statutory mandate violates the Fifth Amendment protections against forced self incrimination.
Over the past year I've written about the Emoluments Clause; the No Religious Tests clause; limits on presidential power as defined in the steel seizure case; the meaning of the oath of office; how the Appropriations Clause constrains lawsuit settlements involving the federal government; how and whether gerrymandering by race and for partisan advantage affects constitutional rights; judicial independence; the decline and fall of the Contracts Clause; the application of Obergefell to issues of public employees and birth certificates; Article V procedure for calling a new constitutional convention; and too many First, Second, Fourth, and Fifth Amendment controversies to list.
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