For political reasons rather than constitutional ones, the political question doctrine is likely to remain a troubling issue
while constitutional language will not.
This week's summaries concern: Municipal property tax / Admissibility of evidence / Judicial review of administrative board /
Constitutional language rights:
We surmise that the different outcomes turned less on differences
in constitutional language than on political differences between the courts.
The chances that choice will pass the test in these cases will vary according to the
particular constitutional language, the local judicial precedents, and the composition of the state court at the time; but in every case there will be two commonalities of theory that are worth noting.
The Assembly's pension forfeiture plan includes
more constitutional language about which employees could be subject to sanction, while the Senate was sticking to language agreed to in 2015 that left such definitions in statute.
But however the case is resolved, it serves as an important reminder of the importance of state -
specific constitutional language and precedents, the considerable degree of variation in legal rules in our 50 - state federal system, and the continuing power of the local control idea in education law.
The plainest interpretation
of constitutional language simply requires that charter schools not charge tuition, which they do not.
The
relevant constitutional language, purposes, history, traditions, context, and case law, taken together, make it likely that, where confinement of the noncitizens before us is prolonged (presumptively longer than six months), bail proceedings are constitutionally required.
If it can be said to have a center of gravity, the major element is the Charter and the secondary element is
constitutional language issues — this offsetting the fact that the all but invariant focus of the reference cases has been federalism questions.
«Just as legal language is different in kind from ordinary language,» Frederick Schauer suggests, «
constitutional language may be different in kind from other legal language.»
While scholars and activists have made much of these differences,
constitutional language has had little apparent influence on state courts.
The constitutional language itself is markedly different in reference to Senate selection than it is to any particular electoral model
The accused argued that
his constitutional language rights were violated because the relevant legislation was not published in French.
If that amendment passes, exceptions to
the constitutional language would require a three - fifths majority vote in both the state House and state Senate