Sentences with phrase «constitutional authority would»

But no respectable constitutional authority would contemplate the possibility.

The GSBA has a long standing legislative position supporting,» the constitutional authority vesting exclusive control over public schools to local boards of education as the level of government closest and most responsive to the taxpayers and parents of the children being educated.

The Obama administration's heavy - handed abuse of constitutional authority has extended beyond the IRS, FCC, and EPA to include the Department of Justice.

Not exact matches

Now, Warner says, «there's a newer group of scholars and lawyers advancing the principle that no American president — and particularly not this American president — has that constitutional authority to trigger a withdrawal from NAFTA.»

The Polish government is in talks with the authorities in Brussels to ensure its changes to the constitutional court would not affect democracy.

Some scholars argue Congress has no constitutional authority to tell states what to do about marijuana.

That said, the vast majority of British Columbians — including one - third who currently oppose the project — say a court ruling that its provincial government does not have the constitutional authority to block the project would be enough to give in and allow the pipeline to be twinned.

B.C. Environment Minister George Heyman announced Wednesday that his government would file a reference case with the B.C. Court of Appeal by the end of the month to test whether the province has the constitutional authority to limit imports of diluted bitumen from Alberta.

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.

The Post's Sari Horwitz and Ellen Nakashima: «Attorney General Jeff Sessions told a Senate panel Wednesday that he believes... Trump has the constitutional authority to pardon anyone and does not need to confer with the Justice Department, which traditionally has assisted presidents in such decisions.

As a matter of constitutional law, the federal government has ample authority in this area.

This would certainly seem to be effective to confer an immunity on the listed parties for losses that are incurred in the province; but what if a party outside the province suffers losses (see Reference re Upper Churchill Water Rights Reversion Act, [1984] 1 SCR 297, 1984 CanLII 17 (SCC)-RRB-, or what if the exercise of authority under the Act rests upon a reckless understanding as to the constitutional underpinnings of a particular provision?

The higher post-constitutional authority would be an amorphous group whose members would include the New York Tim es Editorial Board, The primetime hosts of MSNBC and whatever list of academics the Democratic party could scrape together to sign petitions in favor of why we should contemptuously ignore / slavishly obey constitutional provision X.

To illustrate, were the original U.S. Constitution to be destroyed, we would not lose the constitutional authority for our country, even if all we had were copies with flaws in them.

In contrast, «cultural relativism,» which Professor Arkes equates with legal positivism, holds that there are «no moral truths which hold their validity across cultures... [So that statutes or constitutional provisions] have the standing of law only because they are «posited» or set down by the authorities in any country.»

In the same documents, the museum argues that even if constitutional protections apply, «there is no legal authority for the proposition that a museum is prohibited from displaying an item with historical, cultural or artistic significance merely because that item also has religious significance.»

Some of my Episcopal friends tell me that episcopacy is not a name for a particular kind of church constitution (as Presbyterians might suppose), but rather an understanding of representative authority and responsibility in ministry vested in a college of «sacramental persons» — an understanding compatible with a wide range of constitutional theories and structures.

In Roe v. Wade and related decisions, the Supreme Court has gambled its authority, and with it our constitutional order, by coming down on one side of this great conflict.

Few believers are likely to pledge their allegiance to a government under which the courts» in the name of «constitutional rights» they themselves have sole authority to read into the Constitution» can systematically close off any form of political opposition by declaring it to betray the «inevitable inference» of animus.

Therefore, they contended that a lower federal court in Little Rock had no constitutional authority to order the desegregation of public schools in Arkansas on the basis of the Brown decision.

Either right - minded citizens will have to disobey orders or perhaps relinquish offices of public authority, or the new constitutional rulers will have to be challenged and reformed.

Of course, this is an important national security case with immense legal or constitutional implications which, we believe, should have been allowed the three deported South African mercenaries to enjoy some form of habeas corpus in a competent jurisdiction beyond the National Bureau of Investigations (BNI)'s proof of authority.

When you're exercising power over others by enacting legislation, or ratifying treaties that have the same authority as Constitutional amendments, or the Justices who interpret the Constitution, we're not talking about your personal rights anymore.

Presidents, by contrast, have a narrower base in constitutional authority.

As neither Taylor nor Fillmore had taken the oath of office on March 4, some historians and Constitutional scholars have argued that neither of them had any legal authority as President in the interim until they did.

The six candidates were generally in agreement that the Republican - led Senate should try to block any nomination by Mr. Obama to replace Justice Scalia, although some of them acknowledged that if they were president, they would act on their constitutional authority to try to fill the vacancy.

Cuomo asserted he had the constitutional authority to do so, but nevertheless had met with lawyers who argued the Pataki v. Silver case on behalf of the governor.

There is truth in the contention that the celebration has the propensity of sending wrong signals to the youth of this country that the overthrow of the constitutional order by means of a coup d' etat is glorious, and incites and excites disorder to institutional settlement, and a disrespect to constitutional authority,»

It is difficult to imagine on what constitutional authority Corbyn could impose a three - line whip to make his MPs vote against intervention in Syria (though reports initially suggested this is what he had in mind).

While the governor of New York has the constitutional authority to veto legislation passed by the state legislature, this shows that power isn't absolute.

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.

«Last year I vetoed a similar bill that would authorize to have control over local annexation petitions that did not impact a county's boundaries because it would have directly contravened the constitutional prohibitions on a county's authority,» Cuomo wrote.

However, during the interview, Mr. Cuomo placed a heavy emphasis on the legislature's legal authority to draw the lines and stressed the need for a constitutional amendment that would likely not take effect until the next round of redistricting, in 2022.

So the reason why an amendment made more sense at the time is because Congress did not have the Constitutional authority to ban alcohol.

«It is my view therefore that, it is the CHRAJ that is the institution vested with the exclusive constitutional authority to deal with all relevant matters relating to breach of code of conduct of public officers including this matter on the receipt of the Ford expedition vehicle.

«As my office's legal guidance makes clear, President Trump lacks the constitutional authority to broadly cut off funding to states and cities just because they have lawfully acted to protect immigrant families,» Schneiderman said.

«The President lacks the constitutional authority to cut off funding to states and cities simply because they have lawfully acted to protect immigrant families — as described in the legal guidance my office issued last week,» Schneiderman said.

Constitutional experts say it is possible for Brown to hang on even if Labour has failed to win the most seats, but it is likely that his lack of moral authority, media pressure and public opinion would make this difficult.

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.

During her press conference outside PS 13, Ms. Malliotakis unveiled her Albany reform agenda, including: Requiring a two - thirds legislative majority to pass new taxes and fees; capping the rise in spending at the rate of inflation or 2 percent, whichever is less; requiring legislators to disclose outside sources of income; requiring public authorities like the MTA to undergo an independent financial audit, and calling for a constitutional convention to address items that have bedeviled the state recently, such as appointing a lieutenant governor and breaking a Senate tie.

«The Legislature has a duty to finish the budget and address other critical matters before the State, and I will exercise my constitutional authority to bring them all back to Albany, even if it is an election year.»

«While acknowledging the potential negatives of such a convention — e.g., the risk of amendments being approved that would weaken the home rule authority of local governments — the Executive Committee viewed the opportunity to strengthen the position of municipalities in New York's governmental structure as more important and voted to approve NYCOM's support of a «Yes» vote on the constitutional convention question facing New York voters this November, with the additional stipulation that municipal officials would need to run for and be elected as delegates to the convention if our intended outcomes are to be achieved,» the guide states

Sounds like good government — but in practice it would hijack constitutional government: Like it or not, the state Constitution delegates this authority to the Legislature.

Here, Cuomo has made real progress — likely because of the governor's dominant constitutional authority over fiscal affairs.

It's an opinion shared by state Attorney General Eric Schneiderman, who said in a statement that Trump does not have the «constitutional authority» to cut funding from cities that have lawfully acted to protect immigrants.

And that is so notwithstanding the fact that, as the Constitution and Delegated Powers Committees point out, such legislation would effect a significant shift in the balance of constitutional authority not (only) between the Commons and the Lords, but also (and particularly) between Parliament and the Government.

In these circumstances, the Nigerian Army under its constitutional mandates for Military Aid to Civil Authority (MACA) and Military Aid to Civil Powers (MACP) has continued to act responsively in synergy with other security agencies to de-escalate the series of MASSOB / IPOB violent protests.

In 2007, then Prime Minister Gordon Brown stated, during a House of Commons debate on constitutional reform, that he believed that the House of Commons should have more authority over the selection of «public officials whose role it is to protect the public's rights and interests, and for whom there is not currently independent scrutiny.

Removing tolls that are not revenue neutral violates the existing bond covenants and would negatively impact the authority's bondholders in violation of statutory and constitutional protections.

But he wrote that the health care law is instead constitutional under the nation's tax laws, because Congress has the authority to tax people who refuse to buy coverage.