Sentences with phrase «given under the state constitution»

Each state sets its own laws governing teacher tenure, dismissal and layoff policies, and the rights the students assert are given under the state constitution, so similar efforts will come in state courts.

Not exact matches

Given that Congress jealously guards its powers under the Constitution, such an effort would likely gain the support of representatives from most states, not only those with an economic interest in maintaining NAFTA.

(A decision for same - sex marriage by a state could as in the case of Massachusetts, preempts the debate in that state, but it is less far - reaching because it leaves other states to arrive at a different conclusion — unless, as some same - sex - marriage proponents have claimed, other states are required to recognize such marriages under the Constitution's requirement of giving «full faith and credit» to other states» proceedings.)

First, an individual can not sue a state in federal court under the Eleventh Amendment of the United States Constitution, unless the state gives consent or Congress waives immunity, which in this case did not happen.

The power given to the Federal Government under section 162 (3) of the Constitution, to prescribe the terms and manner of sharing the money in the Federation Account among the federal, state and local governments is a somewhat over-bearing power in a federal system.

Disclosing that efforts are being made to enhance the operational capacity of officers of the Nigeria Police force through tailor made training programme that will give them the right civil orientation in their roles as guardians of the constitution, the President said his administration will encourage the development of state - level community policing under a model that will integrate members of the community to policing functions at the grassroots level.

The attorney general said that Cuomo has the authority under the state's constitution to give his office the power to to supersede local district attorneys and investigate any crime the governor sees fit.

First, international agreements (regardless of their title, designation, or form) whose entry into force with respect to the United States takes place only after two thirds of the U.S. Senate has given its advice and consent under Article II, section 2, Clause 2 of the Constitution are «treaties.»

Under nearly every state constitution, the state government is given responsibility for public schooling.

The bill he signed on June 4 of 1996 established charter schools in The Constitution State, thereby giving scores of families the option under law to choose a different kind of public school for their child.

State constitutions entrust state governments with the job of overseeing and providing public education, and gives them the leeway to structure it anyway they see fit so long as it fits under those respective constitutState constitutions entrust state governments with the job of overseeing and providing public education, and gives them the leeway to structure it anyway they see fit so long as it fits under those respective constitutstate governments with the job of overseeing and providing public education, and gives them the leeway to structure it anyway they see fit so long as it fits under those respective constitutions.

Given that Michigan state government is ultimately charged under the state constitution with providing education, Snyder and state legislators can do whatever they deem necessary in structuring public education.

«Nothing in the Constitution of the United States gives the Congress or the Executive Branch the power to attempt the task of regulating climate, as impossible as that would be under any realistic scenarios.

But, so far, Congress has not altered a status quo that does not give U.S. District Courts the maximal jurisdiction allowed under the United States Constitution.

Lord Irvine explained his intention in his second reading speech: «The traditional freedom of the individual under an unwritten constitution... gives no protection from misuse of power by the state... Our courts will develop human rights throughout society.»

Giving providers assurance that guidelines can be used only in their favor may be an important step toward gaining their support; but allowing such one - sided use of evidence in a court of law raises disturbing questions of fairness and of validity under the U.S. Constitution's Fifth and Fourteenth Amendments» due process and equal protection mandates, and under state constitutional principles as well.

Justice Gorsuch argued that partisan gerrymandering claims arise under Article IV, Section 4 of the Constitution, which requires the federal government to «guarantee to every State in this Union a Republican Form of Government,» and which the Court has long dismissed as giving rise only to non-justiciable political questions.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.

The court also said that even if the warrant did give the police reason to search Mr. Mothersell, a strip - search was so intrusive that it violated his rights under the federal and state constitutions.

The States gave up very little power under the Constitution, especially as it existed prior to the Reconstruction Amendments.

Even in 1913, it was «well settled that the state may not, under the guise of exercising its police power or otherwise,... enact legislation in conflict with the statutes of Congress passed for the regulation of the subject, and if it does, to the extent that the state law interferes with or frustrates the operation of the acts of Congress, its provisions must yield to the superior Federal power given to Congress by the Constitution.»