Sentences with phrase «federal constitutional authority»

Not exact matches

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

Moreover, they held that Congress lacked constitutional authority to forbid or abolish slavery in federal territories.

That decision was constitutionally incorrect, they insisted, and amounted to a federal court's usurpation of the constitutional authority of the states.

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.

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.

Or are you asking if the federal authorities can do it at all, from a constitutional point of view?

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.

«They are in fact acting fully within the law and within their constitutional authority to refrain from implementing federal policies that harm communities.»

To do this as an educational policy is within the broad discretionary powers of school authorities; absent a finding of a constitutional violation, however, that would not be within the authority of a federal court.

The association contends that under the federal 1995 District of Columbia School Reform Act (SRA), which was passed under Congress's constitutional authority over the district, charter schools are entitled to equal per - pupil spending.

Congress exceeded its constitutional authority when it amended the federal Age Discrimination in Employment Act of 1967 to cover states and their political subdivisions, such as cities and school districts, the U.S. Supreme Court ruled last week.

Here's moderator John Merrow's reason for keeping away those who think that the federal government has neither the Constitutional authority, nor the ability, to run American education:

Aside from desegregation — which it has Constitutional authority to compel — the federal government has done no meaningful good in education.

The federal announcement was in regards to the reference question NDP Premier John Horgan's government filed with the BC Court of Appeal under the provincial BC Constitutional Question Act to determine whether the province has the authority to seek permits from companies wanting to ship more bitumen through the province.

In Canada, both the federal government and the provinces have the constitutional authority to award QCs.

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).

Provincial superior courts recognized by s. 96 «have always occupied a position of prime importance in the constitutional pattern of this country», and the Federal Court, by contrast, «has only the jurisdiction conferred by statute», and being a statutory court, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in original).

The reason there is no federal law about private driver licensing or private vehicle registration is that Congress lacks the constitutional authority to interfere with the internal police power of the states.

Only the states have the constitutional authority to regulate private drivers and vehicles within a state, so these laws are created on valid state authority, not federal authority.

The following provisions shall apply to States Parties which have a federal or non-unitary constitutional system: (a) with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central government shall be the same as for those States Parties which are not federal States; (b) with regard to the provisions of this Convention, the implementation of which comes under the jurisdiction of individual constituent States, countries, provinces or cantons which are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States, countries, provinces or cantons of the said provisions, with its recommendation for their adoption.

Four of the seven SCC judges reached the decision which was released July 31, while the other three declined to deal with the issue, ruling the constitutional argument shouldn't be considered because Julie Guindon, the lawyer who launched the appeal, failed to give proper notice to federal and provincial authorities.

That an interpretation of «telephonic» should take notice of the limits imposed on the federal government by virtue of our constitutional division of powers, that is that the Act can only apply to matters over which the federal government has legislative authority, is further supported by the specific reference in s. 13 (1) to communication «by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament».

[87] Finally, an interpretation of «telephonically» that refers back to the underlying system of transmission also respects the legislative authority of the federal Parliament, and defines telephonic by reference to the limits of Parliament's constitutional authority.

The defense, such as it is, boils down to this: As officers of the court, all defense lawyers are really on the government's side, having sworn an oath to uphold a vast, century - old conspiracy to conceal the fact that most aspects of the federal government are illegitimate, including the courts, which have no constitutional authority to bring people to trial.

Her office also provides expert legislative drafting services to Senators to assist them in their constitutional mandate to deliberate and legislate on all matters that fall within the legislative authority of the federal Parliament.

«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.

Historically, constitutional authority appointing Supreme Court judges rests with the federal Cabinet by way of Order in Council.