Sentences with phrase «law under the state constitution»

Currently, the Florida Education Association is challenging the constitutionality of the state's nascent ESA law under the state constitution's Blaine Amendment and other provisions.

Not exact matches

The Justice Department lawsuit will cite a provision of the U.S. Constitution known as the «Supremacy Clause,» under which federal laws trump state laws.

People, person, or persons as used in this Constitution does not include corporations, limited liability companies or other corporate entities established by the laws of any state, the United States, or any foreign state, and such corporate entities are subject to such regulation as the people, through their elected state and federal representatives, deem reasonable and are otherwise consistent with the powers of Congress and the States under this Constitution.

Attorney Robert Dolinko of San Francisco labor and employment law firm Nixon Peabody is doubtful Senigaglia would have a strong case if she alleged a violation of privacy, which is a right under the state of California's constitution.

«It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws... for the President to authorize the military to use lethal force within the territory of the United States,» he wrote.

«The president has a duty under the Constitution to «take Care that the Laws be faithfully executed,» and DACA does exactly the opposite,» the Texas Attorney General stated.

The difficulty is that the existence of slavery under state law was acknowledged by the original Constitution.

The federal government could, however, decide to resume enforcing these laws any time it wanted to and the states would have little - to - no recourse to stop it from doing so, other than attempting to argue in court that federal drug laws aren't authorized under the Constitution in the first place.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanstate shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanState to the contrary notwithstanding.

Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».

«Because the Constitution provides the authority for the allocation of monies for particular and additional services, appertaining to or entailed by that special capacity, the documents filed with the Comptroller can not be false and therefore the instruments filed were not false filings under Penal Law,» the memo states.

It's unclear, however, whether the New York Legislature's mechanism would actually pass muster under Article III, Section 6 of the state Constitution, which reads, «Each member of the legislature shall receive for his or her services a like annual salary, to be fixed by law.»

It is possible, I suppose, to imagine an extraordinary circumstance in which it would be necessary and appropriate under the Constitution and applicable laws of the United States for the President to authorize the military to use lethal force within the territory of the United States.

There are no circumstances under which any national law or policy could be passed in that manner under the existing constitution of the United States.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

«The federal Defense of Marriage Act clearly violates the principle of equal justice under law as enshrined in the U.S. Constitution and improperly intrudes on the traditional role of states in defining marriage,» Schneiderman said in a statement.

Although the state constitution and county charter prohibit the use of government resources for political purposes, «it is nearly impossible to bring a criminal charge for these abuses under current law,» Singas wrote.

Under state law, farm workers aren't allowed to bargain collectively, but the New York State Constitution may say something diffestate law, farm workers aren't allowed to bargain collectively, but the New York State Constitution may say something diffeState Constitution may say something different.

Bennett Liebman, government lawyer - in - residence at Albany Law School and former deputy secretary for gaming and racing in the Cuomo administration, told The Alt that while the governor has the power under the state constitution to remove a district attorney from office through a quasi-judicial proceeding, it is «extraordinarily unlikely» that he will do so in this case.

Notwithstanding any of the provisions of the Constitution, the Association shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under Section 501 (c) 3 of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a corporation, contributions to which are deductible under Section 170 (c) 2 of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law).

The lawsuit, filed by the nonprofit Public Interest Law Office of Rochester in September 1998, claims that the state has deprived the plaintiffs — all low - income black and Hispanic students — of their rights under the state constitution to a sound basic education by failing to alleviate concentrations of poverty in the 37,000 - student Rochester school district.

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.

Religious discrimination is already prohibited under the Florida and U.S. Constitutions and state and federal law.

LOS ANGELES — A California judge ruled Tuesday that teacher tenure laws deprived students of their right to an education under the State Constitution and violated their civil rights.

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.

32 The New Hampshire Supreme Court likewise rejected the standing of petitioners challenging the state's scholarship tax credit law, ruling that they could not demonstrate any harm.33 The following year, citing the decisions in Arizona and New Hampshire, the Alabama Supreme Court also held that a «tax credit to a parent or a corporation... can not be construed as an «appropriation»» but rather such funds retain their status as private funds until they enter the public treasury.34 That view seems to be the prevailing one in courts, so with the possible exception of Michigan, where the state constitution explicitly prohibits tax benefits for religious education, tax credits should survive scrutiny under such provisions.

The Wright v. New York case was first filed in 2014, when nine families from across the state brought suit against the State of New York and others, claiming that teacher tenure, dismissal, and quality - blind layoff laws deprive New York children of their right to a sound basic education as guaranteed under the New York State Constitustate brought suit against the State of New York and others, claiming that teacher tenure, dismissal, and quality - blind layoff laws deprive New York children of their right to a sound basic education as guaranteed under the New York State ConstituState of New York and others, claiming that teacher tenure, dismissal, and quality - blind layoff laws deprive New York children of their right to a sound basic education as guaranteed under the New York State ConstituState Constitution.

The state supreme courts in Indiana and Wisconsin held that school - voucher laws were constitutional despite the presence of Blaine amendments in their state constitutions, but state supreme courts in Arizona and Colorado have invalidated school vouchers under their Blaine amendments.30 By contrast, no state supreme court in any of the 16 states with scholarship tax credit laws has ever found them to violate a Blaine amendment.

If we are guaranteed under our state constitution to have a bargaining unit to negotiate with the local school district for our salary schedule, and the guidelines for determining our retirement, doesn't it take a constitutional amendment not a state law to change that?

In May 2014, after exhausting the procedures of the U.S. Equal Employment Opportunities (EEO) Commission, Ms. I filed suit in federal court, alleging racial discrimination under Title VII of the EEO Act and various claims under the Constitution and state law.

While Arizona's tax - credit programs were fully vindicated by both the Arizona and U.S. Supreme courts, 10 the voucher programs were declared unconstitutional by the Arizona Supreme Court in Cain v. Horne under a provision of the state constitution that prohibits appropriations of public funds «in aid of» private and sectarian schools.11 In the wake of Cain v. Horne, the legislature passed Lexie's Law, 12 a corporately funded scholarship - tax - credit program to help fund private school scholarships for children with disabilities.

Under North Carolina's state constitution and school finance laws dating back more than eight decades, it is the state's responsibility to pay for instructional expenses (including personnel) while county governments pay for capital expenses (buildings and maintenance).

Under North Carolina's state constitution and school finance laws, it is the state's responsibility to pay for instructional expenses (including personnel) while county governments pay for capital expenses (buildings and maintenance) unless there are statewide bond referendums or other state solutions.

SB280 (Brewbaker) and HB389 (McMillan)-- Current law states a county superintendent of education may be elected if authorized under a local law or amendment to the Constitution of Alabama.

Under the state constitution and the post-Depression School Machinery Acts, among other laws, it is the state's responsibility to adequately fund public schools.

Under North Carolina's state constitution and school finance laws, it is the state's responsibility to pay for instructional expenses (including personnel) while county governments generally pay for capital expenses (buildings and maintenance) unless there are statewide bond referendums or other state solutions.

The Florida public - school establishment is suing to repeal the Sunshine State's 13 - year - old school - choice tax credit and its new education savings accounts under the state's Blaine Amendment and its «uniformity clause,» which mandates that «Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools...» The Florida Supreme Court previously struck down the state's voucher program under this provision in Bush v. Holmes (2006), on the grounds that the vouchers «divert [ed] public dollars» from «the sole means set out in the Constitution for the state to provide for the education of Florida's children.&rState's 13 - year - old school - choice tax credit and its new education savings accounts under the state's Blaine Amendment and its «uniformity clause,» which mandates that «Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools...» The Florida Supreme Court previously struck down the state's voucher program under this provision in Bush v. Holmes (2006), on the grounds that the vouchers «divert [ed] public dollars» from «the sole means set out in the Constitution for the state to provide for the education of Florida's children.&rstate's Blaine Amendment and its «uniformity clause,» which mandates that «Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools...» The Florida Supreme Court previously struck down the state's voucher program under this provision in Bush v. Holmes (2006), on the grounds that the vouchers «divert [ed] public dollars» from «the sole means set out in the Constitution for the state to provide for the education of Florida's children.&rstate's voucher program under this provision in Bush v. Holmes (2006), on the grounds that the vouchers «divert [ed] public dollars» from «the sole means set out in the Constitution for the state to provide for the education of Florida's children.&rstate to provide for the education of Florida's children.»

Gresham asked Attorney General Robert Cooper whether the current statutes or state law in effect prior to July 1, 2011 governing permanent employment violate students» rights to a free education under the equal protection provisions of the Tennessee or U.S. Constitution.

1) Whether the current statutes or state law in effect prior to July 1, 2011 governing permanent employment violate students» rights to a free education under the equal protection provisions of the Tennessee or U.S. Constitution.

Last month, a California judge in Vergara v. State of California ruled that teacher tenure laws deprive students of their right to an education under the state Constitution and violate their civil riState of California ruled that teacher tenure laws deprive students of their right to an education under the state Constitution and violate their civil ristate Constitution and violate their civil rights.

Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance.

It shall be the function of the Service to provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, color, or national origin which impair the rights of persons in such communities under the Constitution or laws of the United States or which affect or may affect interstate commerce.

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

In France, in contrast, the constitution states that all people convicted of crimes that cease to be crimes under a change in the law, are entitled to benefit from the change in the law.

Urgenda argued that the Dutch state had therefore breached a duty of care owed to them (and to Dutch society generally), had infringed their rights under the European Convention on Human Rights («ECHR»), and had contravened various obligations under international law and the Dutch Constitution.

The equal footing doctrine, also known as equality of the states, is the principle in United States constitutional law that all states admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at thatstates, is the principle in United States constitutional law that all states admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at thatStates constitutional law that all states admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at thatstates admitted to the Union under the Constitution since 1789 enter on equal footing with the 13 states already in the Union at thatstates already in the Union at that time.

But according to the Constitution; Freedom of movement under United States law is governed...

Smith has asked a federal district court in Nashville to certify the trial - by - jury question under the state constitution to the Tennessee Supreme Court, which will decide that constitutional law question while the rest of the case remains in federal court.

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges and other public officials in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanstate shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanState to the contrary notwithstanding.