Some of the 68 items on the Exclusive Federal List should be transferred to the Residual List, as it was in
most federal constitutions.
Not exact matches
Unlike the U.S.
federal government,
most states and cities have
constitutions that prevent them from running budget deficits.
Recent rulings by
federal and state courts have cast judges as the
most potent critics of stop - and - frisk, raising questions about whether the city has sidestepped the
Constitution in the drive to keep crime rates low.
Some people felt that it was a good idea, but the
most important thing is that if we do that, we will be contravening both our party
constitution and the
constitution of the
Federal Republic of Nigeria.
I would clarify, though, that
most of the details of the working of the Supreme Court are not set by the
Constitution — which establishes SCOTUS and broadly defines its role — but by
federal statute.
Most states have chosen not to follow the
federal example with regard to judges and have either imposed a constitutional retirement age, as in the case of Colorado, where Colorado
Constitution, Article IV, Section 23 (1) requires judges to retire at age 72, and / or have a commission overseeing judges (and sometimes other civil servants) that can require them to retire due to disabilities which often arise from old age.
While the U.S. Supreme Court has held that education is not a «fundamental interest» under the
federal constitution,
most state
constitutions promise children access to an adequate education.
Petitioner Parents Involved in Community Schools objected to Seattle's
most recent plan under the State and
Federal Constitutions.
Public education revenue has been insulated from the direct effects of economic ups and downs by a number of politically constructed conditions, including a privileged legal status in
most state
constitutions, multiple state and
federal revenue sources, and stable tax support, such as property taxes, at the local level.
Nativists such as U.S. Senator James Blaine of Maine objected and fought for an amendment to the U.S.
Constitution that would prohibit publicly funding «sectarian» (i.e., Catholic) schools.29 Although the proposed
federal amendment failed,
most states adopted some form of the so - called Blaine amendment in their state
constitutions.
But those who follow the issue, and I know that that's
most of you in this room, knew that that decision, while it closed one battleground — and that was a battleground over the
federal Establishment Clause in the United States
Constitution — it also threw the spotlight on a remaining battleground, and that is the battleground over state constitutional restrictions on government aid for religious institutions.
A significant share of the
most litigated
federal statutes were adopted in one of the first two or three sessions of Congress after the
constitution was adopted.
As to the second question put before it — whether the
most recent version of the draft of the
federal Capital Markets Stability Act exceeded the authority of the Parliament of Canada over the general branch of the trade and commerce power under s. 91 (2) of the
Constitution Act, 1867 — the Court of Appeal answered «no» to it as well.
In Muscarello v. United States, in the course of analyzing the meaning of «carries a firearm» in a
federal criminal statute, Justice Ginsburg wrote that «[s] urely a
most familiar meaning is, as the
Constitution's Second Amendment... indicate [s]: «wear, bear, or carry... upon the person or in the clothing or in a pocket, for the purpose... of being armed and ready for offensive or defensive action in a case of conflict with another person.
The test the
federal government proposes is wide and the
most aggressive
federal power play since Pierre Trudeau unilaterally repatriated the
Constitution.
Though the overwhelming majority of
federal judges to consider the question after the Supreme Court's
most recent gay rights decision in 2013agree that the
Constitution does not permit anti-gay marriage discrimination, these judges have split on rationale.
Yes, Congress is empowered by Article III of the
Constitution to «ordain and establish»
Federal courts, as necessary, and the very first Congress did
most of the work via the Judiciary Act of 1789, but they pretty much left the nitty gritty details up to the courts themselves.
The first installment, entitled The Subjects of the
Constitution, was published in the Stanford Law Review in May of 2010, and it is among the
most downloaded articles about constitutional interpretation, judicial review, and / or
federal courts in the history of SSRN.