In contrast,
decisions of legislatures and executive officials can be reversed by majority vote — a much easier process, notwithstanding inertia and entrenched political interests.
This article discusses
the decision of the legislature, who chose to ignore ethics reform before the end of their session.
If the Presidency failed to remove Magu, the Senate said it had resolved to suspend all confirmation requests from the executive until
decisions of the legislature were adhered to.
The majority's decision explicitly (and refreshingly) recognized that the constitution's text is the primary source of its meaning, while also explicitly recognizing that courts are not to review
the decisions of legislatures for their wisdom.
Not exact matches
Again, the court's errors in such cases are difficult to correct, whereas leaving
decisions to various
legislatures allows for varying solutions and ongoing debate: states can serve as «laboratories
of experiment,» in the words
of Justice Louis Brandeis.
It was the announcement by Mukherji and D' Sousa that the Christian Community had decided to forgo special communal representation in the
legislature and other communal safeguards so that there would not be political exploitation
of increase
of numbers through conversion that there was a spontaneous
decision in the Constituent Assembly to include propagation
of religion as a fundamental human right
of the citizen.
That seems likely to remain the case in the immediate future, even though the recent U.S. Supreme Court
decision permits state
legislatures to enact some modest regulation
of abortion practice.
Most importantly, church assemblies should reclaim their role as representative assemblies chosen to deliberate thoughtfully on significant matters
of Christian faith and life, rather than continuing to act as
legislatures that reduce everything to stark alternatives and then make hurried
decisions by forced choice majority voting.
On the LGBT front, the Georgia Chamber
of Commerce's
decision to oppose any religious liberty expansion bills in that state's
legislature is far more important to the future
of Republican politics than Thom Tillis or Joni Ernst.
Yet the attempts made to nullify the Supreme Court
decision even at the cost
of eliminating the public schools and passing acts
of open defiance in state
legislatures, to say nothing
of rioting and violence and the nonviolent but intimidating acts
of white citizens» councils, indicate how long a road there is yet to travel.
He criticized the Supreme Court's
decision in Brown v. the Board
of Education, and in 1956, at the invitation
of the governor, he addressed a joint session
of South Carolina's
legislature to support the concept
of separate but equal for churches as well as for the public schools
of the land.
I wondered if this was a swipe at direct entry midwives for trying to use the
legislature to make
decisions that are properly left to the Department
of Public Health.
There are treaties and treatises out there that inform efforts to articulate what constitutes international law, but there is no world
legislature out there, and there is no court with the power to issue
decisions to any country in the world that will be observed without the use
of military force on a wide array
of issues.
A given member
of the U.S. House
of Representatives or
of the
legislature of a state represents (in theory) only the people
of their own district, giving the people
of that district influence in federal or state - level
decision making.
For example, a bill introduced into the
legislature in September 2014 proposing state compensation for Russian citizens «unjustly» affected by the
decisions of foreign courts was, although formally sponsored by Duma deputy Vladimir Ponevezhskii, actually drafted by lawyers from the State Legal Directorate — a unit within the Presidential Administration.
«The next attorney general will be decided by the state
legislature, and I await their
decision,» James said to members
of the news media earlier Tuesday.
The Loophole was created in 1996 by a Board
of Elections (BOE)
decision, which wrongly classified LLCs as individuals, undermining the campaign finance laws previously passed by the
legislature.
There are a number
of bills introduced in the New York State
legislature, including by Independent Democrats in the Senate, that could mitigate the impact
of a Supreme Court
decision in favor
of Janus.
After last week's
decision by a Manhattan judge calling the city's flu vaccine requirement «invalid and unlawful» — because the Health Department initiative had not been voted on by the state
legislature — Bronx Assemblyman Jeffrey Dinowitz introduced legislation Monday to add the flu to the list
of illnesses children attending state - licensed facilities are required to receive.
Opponents who sued, who included residents and employees
of the facility, challenged the
legislature's
decision claiming lawmakers violated the provisions
of the county charter, which says a two - thirds vote is needed.
The
decision was signed by Chairman Owen Smith, one
of only three members remaining on the Ethics Board since the county
legislature revised the county ethics code in July.
Central New York lawmakers are celebrating the state
legislature's
decision to shift payment
of indigent legal services from the counties to the state.
The
decision by the board, which was created by Cuomo and the
legislature, means the pro-business Committee to Save New York, which helps promote the governor's agenda through millions
of dollars in TV ads, will not have to make public the names
of their contributors.
Cahill says he's also like to do more to combat public corruption, and he criticizes the current Attorney General Eric Schneiderman, for not speaking out against a
decision by Governor Cuomo and the
legislature to end a Moreland Commission probe
of corruption.
Cuomo has said he expects the the
legislature could make a
decision on fracking within a couple
of months
of the reports» release.
Kicking the
decision over to a commission looks to have a healthy track record
of delivering: a 2014 study by the National Conference
of State
Legislatures (NCSL) found that every state
legislature that saw a pay raise during the preceding 12 months had done so without a vote; the states that saw the largest hikes, Hawaii and California, each did it by passing the task to a commission.
«The Maryland
legislature should have enough respect for the voters and enough respect for the gravity
of this
decision to allow the voters to be heard.»
Therefore if the
legislature wishes to override the
decision of the Supreme Court, they must either edit or add a constitutional amendment.
In the court's majority opinion, Kagan described the two - part analysis utilized by the high court when plaintiffs allege racial gerrymandering as follows: «First, the plaintiff must prove that «race was the predominant factor motivating the
legislature's
decision to place a significant number
of voters within or without a particular district.»
«Unless we apply the break and uphold the rule
of law and democratic conventions and practices in all ramifications, our greatest losses, moving forward, will not be economic recession, lack
of critical infrastructure, among others, but an irredeemably deteriorated civilian rule where the
decisions of the courts, letters and spirit
of the law, resolutions
of the
legislature, electoral choices
of Nigerians as expressed through the ballot no longer count.»
«That this House notes the ruling
of the European Court
of Human Rights in Hirst v the United Kingdom in which it held that there had been no substantive debate by members
of the
legislature on the continued justification for maintaining a general restriction on the right
of prisoners to vote; acknowledges the treaty obligations
of the UK; is
of the opinion that legislative
decisions of this nature should be a matter for democratically - elected lawmakers; and supports the current situation in which no prisoner is able to vote except those imprisoned for contempt, default or on remand.»
Sharkey, a Democrat from Hamden and one
of the
legislature's most powerful lawmakers, cited a proposal to raise the data - processing tax as an example
of short - sighted budgeting
decisions that are often made in the final, hectic days
of the session.
We're talking about approximately an additional $ 60,000 - and the
legislature has already approved, in the past through the bond resolution, more money to be spent than we're spending right now, so I'm hopeful that we move forward so we make a sound, wise
decision on the future
of the convention center.»
We urge Gov. Cuomo to follow the
legislature's decisive June
decision on this issue and answer the loud calls from New Yorkers
of every background by signing this important legislation and scraping this archaic law from the books forever,» the statement read.
So, when they make a
decision to cut over a $ 1 billion in funding from subway signal fixes and new trains to put it into beautification
of subway stations, including two in my own area
of Western Queens, that is not the
legislature,» Gianaris said.
«The fact that he's looking to charge the
legislature, the body tasked with making this
decision, really is something out
of a dictorial regime masquerading as a democratic government,» Lorigo said.
Skelos, who was kicked out
of the state
legislature when the jury announced its
decision, was charged with using his political power to help his son, who was not at work to make friends — or do work — keep various high - paying jobs.
That
decision prompted intense criticism from Democratic and Republican leaders in the state
legislature, who said pay raises should be considered on their own terms instead
of tied to other issues.
His
decision now — whether to honor his pledge and veto the gerrymandered map or whether to allow the
legislature to get away with a self - serving map — is a key test
of his leadership.
Catalano's point, apparently lost on his fellow Republicans, was that the
legislature, not the executive, was charged by charter with making policy
decisions and that they shouldn't be doing it as part
of the budget process.
At that time, the Labor Federation's Executive Board was granted authority to decide on endorsements after the special session
of the
legislature concluded, and when the Board could make an informed
decision based upon the entire 2008 Legislative Session.
When the County Executive, Comptroller, County Clerk, Sheriff, District Attorney, or a department head, needs legislative approval for some action which is required for the proper functioning
of county government, be it the approval
of the annual budget or the change in the title
of a county job, a letter is sent to the
legislature, often accompanied by additional information which can be used by the legislators in making a
decision on the matter.
Others are upset that the
legislature did not approve ethics reform and are not convinced by the governor's proposal because
of the involvement
of nine associates
of the governor involved in bribery and bid - rigging scandals and the governor's
decision to disband the Moreland Commission.
I also hope that he remembers the importance
of protecting the core functions
of government, and that he avoids making
decisions out
of spite if he wants to gain support for his proposals in the
legislature.»
Further clouding our budget concerns is the county
legislature's recent
decision to join a lawsuit to stop the closure
of the nursing home — even though the
legislature approved the closure in the budget, and then took the expected savings to fund its discretionary spending.
The only personal politics in evidence is Kevin Cahill picking at Mike Hein again... and Cahill getting into the middle
of decisions already made by the elected county
legislature and county executive.
The Secretary
of State did not appeal the 2011
decision, but the Ohio
legislature intervened in the case and appealed to the 6th Circuit.
Given the fundamental constitutional conflict involved, this judicial
decision will probably be in and out
of the courts and
legislature for some time.
While the court's 7 - to - 2
decision to invalidate the system was widely expected across Texas in recent weeks, the justices surprised observers by voting 5 to 4 to allow the
legislature to wait until next year's regular session to come up with another solution to the problem
of funding disparities between rich and poor school districts.
But the Republican governor, who is prohibited by law from running for a third term, also asked the
legislature to concentrate on issues other than just school facilities — a topic that has dominated the
legislature since a 2002 Arkansas Supreme Court
decision ordered the state to improve student achievement and the conditions
of schools.