The Civil War decided — on the battlefields rather than in the courts — the
most important constitutional questions in our nation's history: the nature of the Union under the Constitution, the status and future of slavery, the powers of the national government versus the states, the supremacy of the Constitution, and the wartime powers of the president as commander in chief.
The U.S. Constitution and its ultimate interpreter, the Supreme Court, are in the paramount position and should not be screened away
from important constitutional questions by patently erroneous or unlawful decisions purporting to define property rights made by inferior tribunals.
The Litigation Center also regularly participates in cases that present
important constitutional questions regarding the separation of powers, due process rights, unreasonable searches and seizures, property rights, federal preemption under the Supremacy Clause, free speech, and many other issues.
- Clearly, this is
an important Constitutional question that needs an answer.
«I don't understand how you could raise such
an important constitutional question and not want to hear the answer,» said Elevate candidate Ryan Abresch.
«Not only is this a vast undertaking, it throws up
some important constitutional questions,...
«Not only is this a vast undertaking, it throws up
some important constitutional questions, such as the extent to which Government Ministers should be able to re-shape the law without scrutiny by Parliament.»
But here there is a split among federal courts of appeals on
an important constitutional question — the D.C. Circuit and the Fifth Circuit take the individual rights view (see here and here for why the Fifth Circuit's decision can't be dismissed as dictum), while I think nine other circuits take the collective rights view.
This legislation will raise
an important constitutional question: are AMPs of $ 15 million a «true penal consequence» that would attract the safeguards provided for in s. 11 of the Charter.
The European Union (Withdrawal) Bill — the Repeal Bill that will transpose massive amounts of EU legislation into UK law - raises «
important constitutional questions», lawyers have warned.