States that have legalized marijuana are embolden to defy the federal
government by the Constitution's Tenth Amendment, which declares states have authority over any matter that the Constitution has not specified is a matter for the federal government.
Finally, it is explicitly stated that rights and powers not delegated to the Federal
Government by the Constitution are reserved to the several states and to the people.
The Court has repeatedly said that its function is not to judge the wisdom or the policy of laws, but only to judge whether or not they are exercises of powers granted to the federal
government by the Constitution or denied by it to the states.
The 10th Amendment says that the states and the people retain the rights / powers that are not delegated to the federal
government by the Constitution.
The 10th Amendment explicitly says that any powers not given to the Federal
Government by the Constitution are the right of the state or the individual.
Not exact matches
Enbridge's Northern Gateway project, in the works since 2005, was likely dealt a fatal blow on June 30th when the Federal Court of Appeal threw out its 2014 conditional approval because the Crown (read: Harper
government) failed in its «duty to consult» aboriginals as required
by the
Constitution.
People hold Spanish flags and a banner reading «
Government of Spain, comply with and enforce the
constitution: article 155 now» during a demonstration organised
by the Spanish right - wing party Vox in front of the Spain
Government Delegation in Barcelona, on September 6, 2017.
Much like Paul, he was a strict constitutionalist, and believed that «devious
government intervention in the economic affairs of the nation... [were] not contemplated
by the men who wrote the
constitution.»
Since this debate over pipelines began in earnest last Fall, Jason Kenney and others have been calling on the federal
government to invoke clause 92 (10)(c) of the
Constitution, which allows the federal
government to exert authority over infrastructure such as pipelines which, «although wholly situate within the Province, are before or after their Execution declared
by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.»
Only a handful of Alberta's elected Senators have actually been appointed to the upper chamber, as the election process exists outside of the
Constitution and can be ignored
by the federal
government.
As the underrated and unjustly neglected Orestes Brownson explained, our
Constitution limits
government «from below»
by our freedom to satisfy our economic needs as material beings and «from above»
by our freedom to satisfy our spiritual needs (and do our spiritual duties) as relational, religious beings.
The country's
constitution offers freedom of religion but in reality only services approved
by the
government are permitted.
Commitment to limited
government as laid out
by the Founders in the
Constitution; 2.
But they are required
by the Quran to establish this global Islamic state on the rubble of every civilization, every
constitution, every
government.»
Terrorism and torture tend to occur most where
governments are not restrained
by a democratically authorized
constitution, where legal systems have little independence from military control, and where state authorities understand themselves to be the sole guarantors of order, development and stability.
The fate of the civil rights movement, its leaders recognized, lay in its ability to convince politicians and administrators in the federal
government that it was in their interest to enforce the law and defend the
Constitution in the South in the face of the massive resistance
by politically potent segregationists.
The
Constitution could not take for granted that its citizens would all be motivated
by civic virtue and so its concern was as much to protect individuals and groups from abuse at the hands of the
government and their fellow citizens as it was to involve all its citizens in genuine participation.
As education is not among the matters specifically assigned
by the
Constitution to the Federal
Government, it is
by implication delegated to the states.
This has not been done in the United States
by the federal
government, presumably because such activities are not included among the powers specifically assigned to it
by the
Constitution.
The republicans (i.e., the reluctant supporters and anti-Federalist opponents of the new
Constitution) supported a tradition of political thought that wanted to see
government «make of its citizens the best people they are capable of becoming,» to inculcate moral virtue as it was defined
by each concrete political community.
In the first paragraph of the first essay of The Federalist Papers, Alexander Hamilton introduced the basic theme: «It seems to have been reserved to the people of this country,
by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good
government from reflection and choice, or whether they are forever destined to depend for their political
constitutions on accident and force.»
It's the job of the legislative branch, in either the states or the national
government, to enact laws within the bounds set
by the
Constitution.
Few believers are likely to pledge their allegiance to a
government under which the courts» in the name of «constitutional rights» they themselves have sole authority to read into the
Constitution» can systematically close off any form of political opposition
by declaring it to betray the «inevitable inference» of animus.
The
Constitution was written and ratified
by people who believed that the concentration of powers is necessary to effective
government, and, at the same time, were keenly aware that such a concentration threatened human liberty.
form of
government, and emboldened
by the wide diffusion of a false conception of tolerance, has committed itself in authoritative declarations and
by positive acts to a policy plainly subversive of religious liberty as guaranteed
by the
Constitution.
If the branches of the federal
government are truly coequal, if the President and Congress are not subordinated to the Court
by the
Constitution (except insofar as the Court might declare them to be), then the theme of «judicial restraint» that runs wistfully through your symposium is less an appeal for the impossible than a misconstrual of the problem.
The state or local
government displaying a scene from someone's holy book is NOT free speech, it is explicitly prohibited
by the
constitution as an «endorsement of a religion».
«arrests of significant persons for political reasons,» «arrests of insignificant persons,» «significant changes of general laws,» «politically motivated killing
by the
government,» and the frequency with which the
constitution is suspended and martial law is declared.
Like others who support the original understanding of the
Constitution, I disagree with many of the Supreme Court's decisions under the establishment clause, but in our system of
government a federal - district judge like Judge Jones is bound
by those decisions.
This profound change from our previous order of
government is often hidden
by political and judicial rhetoric that gives honor to and even cites the written
Constitution; yet, in contemporary theory and in practice, the document is really an authoritative occasion for, rather than a norm of, judicial interpretation.
Mindful that even as new principles are proclaimed, old habits die hard and citizens and politicians could tend to entangle
government and religion (e.g., «the appointment of chaplains to the two houses of Congress» and «for the army and navy» and «[r] eligious proclamations
by the Executive recommending thanksgivings and fasts»), he considered the question whether these actions were «consistent with the
Constitution, and with the pure principle of religious freedom» and responded: «In strictness the answer on both points must be in the negative.
Rather, again invoking his oath, duty, and the necessity of circumstances, he argued that the
Constitution imposed on him «the duty of preserving,
by every indispensable means, that
government — that nation — of which the
Constitution was the organic law.»
In this case, the Irish
Constitution overrules human rights legislation and a woman's right to where and how she gives birth is eroded significantly
by this amendment — which, it is interesting to note, is the only amendment in our entire Bunreacht na hÉireann that is not a
government amendment.
WAIT WAIT WAIT WAIT — «Congress SHALL MAKE NO LAW for the establishment of any religious denomination» --(which BTW — is NOT what it says, if you're going to reference the
constitution, try not to look like an idiot
by referencing it WRONG)... so you want
government out of religion... but you want your happy little tax exempt status?
Legally, the federal
government can only pass laws related to a power granted
by the
Constitution.
«The Kaduna State
Government wishes to reiterate that it fully respects freedom of religion and other rights as guaranteed
by Sections 38 and 40 of the 1999
Constitution.
The agreement also included the installation of a new technocrat
government and the adoption of the new Tunisian
Constitution, in January 2014, which was passed
by 200 votes out of 216.
The case for EVEL appears to be founded upon the view that the natural equilibrium, long understood to successfully balance the parliamentary
constitution of Westminster, has been profoundly undermined
by unequal and unfair programmes of devolution undertaken
by successive UK
governments.
Several powers are reserved
by the U.S.
Constitution exclusively to the national
government (commonly called the «federal»
government.)
According to them,
by nullifying elections in 18 out of 31 local
government areas, Section 179 (2)(b) of the Nigerian
Constitution, which required that a candidate vying for the office of the Governor would be declared winner if he has not less than one quarter of the votes cast at the election in each of at least two - thirds of the local
government areas, has been breached.
The same
Constitution imposes an obligation on
government to secure the state and protect every citizen against infringement of their rights
by others.
But I am compelled to put Ghana First and to defend the 1992
Constitution by saying that the only way Ghanaians can have the Woyome / Austro - Invest joint loot refunded is to change the
Government that created, looted and shared the loot with them during the Presidential elections this year.»
It pointed out that «as
government may be swayed away
by the euphoria, we would like to draw your attention to a possible breach of Article 35 clause 5 of the 1992
constitution under the Directive Principle of State Policy which states:
The
government maintains the Lisbon treaty, agreed
by Tony Blair in July, is a reforming treaty and not the same as the abandoned EU
constitution, on which ministers promised a public vote.
By 1647, with the king in captivity and the parliament discredited, the future of English
government and the
constitution was in jeopardy.
Yesterday's comments
by Vice President Biden raise the specter that the Obama administration is preparing yet another assault on our
Constitution and another radical intrusion
by the federal
government into our everyday lives.»
«The PDP holds that the governor and the APC are jittery and unpopular of going into the grass roots elections in the state, thus the decisions to control the councils
by nomenclature of executive secretaries and sole administrators, which are alien and offensive to the provisions of our
Constitution, which under section 7 guarantees only democratically elected local
government council administrations.»
According to them, much as they are «very much aware of the constitutional process the
government is abiding
by and wish to commend
government for respecting the
constitution of the state,» there are some issues «which do not only undermine our sovereign rights as indigenes of the Volta Region of Ghana but also violate some sections of the 1992
constitution».
Agbakoba in a statemet on Monday alleged that the appointment made
by the Federal
Government of Nigeria, contravenes the provisions of S. 14 of the
Constitution and also the Federal Character Commission, Act and the provisions of Sections 42 of the
Constitution of Nigeria that prohibits discrimination of any of Nigeria's ethnic groups such as, in this case, the South East.
As the SMC was preparing to hand over political power to an elected
government after a Constituent Assembly had drafted the Third Republican
Constitution, the country was hit
by another military uprising on May 5, 1979 which was swiftly quelled
by the authorities.