Sentences with phrase «government by the constitution»

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.
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