Sentences with phrase «constitutional authority and power»

Citizens insist on fidelity to the Constitution, which is the basis of every constitutional authority and power exercised.

Not exact matches

The Democrats, who now derive their power from this formal situation and rely on officials chosen in elections conducted two and four years ago, will emphasize the constitutional authority of the offices.

The contra supply operation circumvented and denied Congress its two most important constitutional powers: the authority to declare war and the power to withhold or appropriate funds.

Although the power of Congress to forbid slavery in federal territories was well - established, Sandford argued that slaves were private property of the sort protected by the Constitution against deprivation without due process of law, and that therefore Congress lacked any constitutional authority to ban slavery in the territories.

Robert Jubb and Stuart White interview John McCormick about his 2011 book, Machiavellian Democracy, and ask what lessons can be drawn today about democratising power and embedding constitutional authority for the common citizen.

Under Supreme Court constitutional interpretation, since individual states never had the original sovereign authority to unilaterally change the terms and conditions of service of federal officials agreed to and established in the Constitution, such a power could not be «reserved» under the Tenth Amendment.

A constitutional authority board (willofthepeople.agency) claims a people - initiated recall took place according to George Washington's process and can not include the states» process because that is a conflict of powers.

By failing to vote for these amendments they will be making it harder for those who voted them into power to exercise their constitutional and legal right to hold government to account and challenge public authorities when they get it wrong.»

Indeed, as the legislature's own non-partisan staff has already warned, it may violate constitutional limits on the legislature's authority to delegate its powers and duties to others.

The Senate's constitutional authority to «advise and consent» was designed to provide a partial check on the power of the executive branch.

So while state governments wield de jure educational authority via constitutional obligations and statutory and regulatory powers, districts have substantial de facto control.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

We say this because the division of powers part of the judgement (commencing at para 98) is full of all sorts of references to two levels of government (see e.g. para 141) and similar comments about «interlocking federal and provincial schemes» that make it abundantly clear that this Court has given no thought to the space within which indigenous laws may operate within the modern constitutional order (for recognition that the law making authority of aboriginal peoples pre-dated the Crown's acquisition of sovereignty, was not extinguished by that acquisition of sovereignty and was not impaired by the division of legislative powers between the federal and provincial governments in 1982 see Campbell v British Columbia (2000), 189 DLR (4th) 333 (BCSC) and Justice Deschamps in Beckman v Little Salmon / Carmacks First Nation, [2010] 3 SCR 103 at para 97).

«Which enumerated power covers this law» is a legitimate question, and since 2011 the rules of the House of Representatives actually require every introduced bill to come with a statement identifying where the constitutional authority for the bill comes from.

Defendants argue that this court should strike the two sentencing allegations for three reasons: 1) The allegations are prejudicial surplusage; 2) The government does not have statutory authority to include sentencing allegations in an indictment; and 3) Presenting sentencing allegations to a jury for proof beyond a reasonable doubt to increase defendants» sentences violates the constitutional principles of separation of powers and the prohibition against the legislative branch delegating its powers to the executive branch.

Law dictionaries made by private corporations don't have authority over states or their courts, which ultimately derive their power from their constitutions and legislation made by their constitutional legislatures and the people's support of them.

«Unlike the Congress of the United States, the General Assembly of Virginia functions under no grant of power»... The General Assembly, in «represent [ing] the sovereign authority of the people» is restricted only by the Constitution of Virginia «in express terms or by strong implication»... [I] t is a restraining instrument, and... the General Assembly... possesses all legislative power not prohibited by the Constitution»... In short, «[u] nless forbidden by some State or Federal constitutional provision,» the General Assembly's «powers are plenary.

And he referenced The Commission on Constitutional Revisions» proceedings to conclude that Article IX, § 2 language intentionally «elevated the Commission's authority over electric rates from a power merely delegated by the General Assembly to one with a direct constitutional foundation Constitutional Revisions» proceedings to conclude that Article IX, § 2 language intentionally «elevated the Commission's authority over electric rates from a power merely delegated by the General Assembly to one with a direct constitutional foundation constitutional foundation -LSB-.]»

The legislation raises a plethora of issues and significantly alters the security landscape: It gives the Canadian Security Intelligence Service (CSIS) powers beyond intelligence gathering (to actively target threats and derail plots); creates new offences (criminalizing «terrorist propaganda» and the «promotion of terror»); lowers the legal threshold to trigger detention to those who may carry out an offence from the existing standard of will carry out to may carry out; extends preventive detention for «suspected» terrorists from three days to seven days (inconsistent with the constitutional presumption of innocence); legally entrenches a no fly list; and grants government agencies explicit authority to share private information with domestic and foreign entities.

Constitutional law framed the legal authority of states — understood as mutually exclusive sites of sovereign power — while international law was engaged in the relentless and relentlessly precarious business of framing legal authority between states (who were in many respect in unequal or even imperial relations inter se).