Sentences with word «constitutionality»
Constitutionality refers to whether something is in agreement with or follows the rules and principles set out by a constitution. If something is deemed unconstitutional, it means it goes against or violates the laws stated in the constitution. Full definition
It avoided the questions of constitutionality of regulating intrastate commerce (as - is, federal law would have had constitutional difficulties with alcohol bans in - state in the states that didn't pass state prohibition laws)
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Canada Nova Scotia outlines support for inquiry into abuses at Halifax orphanage, Canadian Press Owner of medical marijuana dispensaries challenges constitutionality of law, Canadian Press Final submissions expected at sentencing hearing for La Loche school shooter, Canadian Press
Rulings on constitutionality of California's Proposition 8 and Defense of Marriage Act likely to come in March 2013.
Nevada Supreme Court Upholds Constitutionality Of ESA Program September 29, 2016 by Brett Kittredge The Nevada Supreme Court ruled today that the nation's most expansive school choice program is Constitutional.
The Supreme Court is now considering constitutionality of these fees, in a case about which I have written quite extensively.
It's only on appeal that you get to argue about constitutionality of laws.
Kenyan court suspends anti-terrorism measures signed into law over constitutionality issues, Reuters
Justice Department will not defend Constitutionality of Defense of Marriage Act...
The difficulty is that in many cases the courts have to balance the specific facts of a given case in order to test constitutionality.
The exercise of the prerogative power of the Crown can be reviewed for constitutionality - therefore Canada can be challenged on whether a duty to consult exists with regard to CCFIPPA.
As you point out, it's irrelevant for the purposes of constitutionality as long as it is a sincerely held belief.
When it comes to Article I courts, though, Congress would probably have virtually unlimited discretion to impose the kinds of requirements that you're talking about, and even to say that the court has no jurisdiction to consider constitutionality at all.
«Simple constitutionality requires that policy - makers make the decision about things that government spends, and one of the things that government spends is on their salaries,» Benjamin added.
The oral argument defense of Obamacare's constitutionality so far has not just been bad, as has been reported, but has been stunningly bad.
Oklahoma Supreme Court supports constitutionality of Common Core repeal bill (Oklahoma City) Oklahoman
That's of dubious constitutionality anyway, especially as applied to the question of «pulpit politics» in churches.
No, a law's constitutionality under the federal constitution can be challenged in any court, as the bolded text makes clear.
A court empowered to judge a statute's constitutionality by that court's own inference of the animus of the statute's sponsors is a court set free from any limitations on its power» its power, on the one hand, to strike down any law enacted with the political aid of believers, and its power, on the other hand, to move directly against churches and denominations that display a perceived animus in their teaching toward certain behavior.
In light of President - Elect Obama's stated expression of concerns about mandatory minimum sentencing statutes and the Supreme Court's ever - evolving sentencing jurisprudence, the time might be ripe for lawyers at FAMM and other public policy groups to start making a full - scale legal attack on the very constitutionality of mandatory minimum sentencing provisions.
78, even as it blithely ignored the dissent's warnings about the speech - stifling real - life effects of the provisions of the Canada Elections Act whose constitutionality it was upholding.
The IRS may be weak on enforcing the Johnson Amendment because of its questionable constitutionality, said Sally Wagenmaker, a tax attorney who works with nonprofits.
In this manner, he is effectively sidelining or subsuming constitutionality to performance.
CNN: Poll: New Yorkers oppose mosque, recognize constitutionality New York voters oppose by a nearly 2 - to - 1 margin plans to build an Islamic community center and mosque near Ground Zero in Manhattan, according to a new Siena Research Institute poll released Wednesday.
Welner claims that the question of constitutionality rests on what he calls the «tax expenditure doctrine»:
A federal district judge in Alabama last week issued an injunction barring the use of the state's new school - prayer law, but will not issue a final ruling on the law's constitutionality until he has heard arguments on the merits of the case.
In Zelman, the Supreme Court upheld the First Amendment constitutionality of the Cleveland voucher program.
Unlike vouchers, scholarship tax - credit laws have a perfect record of constitutionality thus far.
A critical test for the voucher lawsuits will come on Friday, though, when attorneys for the individuals, groups and boards of education challenging the «Opportunity Scholarship» Program ask the court to delay its implementation while the judge considers its underlying constitutionality.
Obviously that happened before the Vergara ruling changed the standards for meeting constitutionality.
In a second part, the chapter turns to the various possible types of judgments and their effect, with interesting remarks on temporary effects (e.g. temporary constitutionality), ex nunc and ex tunc effects or judgments that pronounce incompatibility of a law with constitutional standards without annulling it (p. 309 ff.).
According to counsel for the Applicants, this evidence was completely irrelevant to the legal question (the Canadian constitutionality) of the impugned provision.
Criminal Law: Mandatory Minimums Constitutionality of mandatory minimum sentences for firearm offences.
The plaintiffs prevailed and the TRO will remain in effect while a broader court case questioning the ultimate constitutionality or legality of the travel ban advances.
Another criminal lawyer, Douglas Baum, agrees the issue of constitutionality remains open pending an appeal court ruling.
British Columbia's controversial Tobacco Damages and Health Care Costs Recovery Act («the Act») is back in the courts.1 This time around the dispute isn't on the Acts constitutionality, but instead pits the right to privacy in medical data against a persons or corporation's right to a «fair playing field» in litigation, or the principle of procedural fairness grounded in the Rule of Law.
Both state and federal courts have addressed the fourth amendment right against unreasonable search and seizure, but only the Supreme Court can interpret constitutionality of such checkpoints.
The report concluded by explaining why, in the Commissioner's view, the Bill failed to meet non-discrimination standards under international law and was of doubtful constitutionality.
Despite questions about constitutionality and state's rights, Collins is backing away from neither the proposal nor his criticisms of Cuomo, but he made clear his opposition will continue to come from the congressional seat.
Advised winery and vintners» association on constitutionality of bill being considered by the California legislature regarding wine labeling that includes brand names indicative of the wine's geographic origin.
The consequence of this recognition would be, in effect, the (constitutionality required) uniform enforcement across Canada of judgments of Canadian courts.
In addition, the Sheriffs Association has spoken against most of the bill's provisions, calling them unrealistic, unenforceable and implying they are of dubious constitutionality, while the NY County Clerks Association has derided the state for passing on millions in costs to county governments for upkeep of «opt - out» records.
The bill's constitutionality comes into question because North Carolina's constitution explicitly gives the State Board of Education the power to «supervise and administer the free public school system and the educational funds provided for its support.»
Although some academics have questioned the very constitutionality of our current First Past The Post (FPTP) system, it was upheld by the Quebec Court of Appeal in Daoust c Quebec.