Sentences with phrase «of federal constitutional rights»

Hence, the lack of supporting constitutional text, principles of federalism, and the doctrine of stare decisis (which lends stability to the law by encouraging courts to stand by their prior decisions) all militate against the creation of a federal constitutional right to education or to supposedly equal school funding.

Not exact matches

Since his last re-election, Clarke has openly supported Republican causes on local and national right - wing media outlets; proudly trumpets on official Milwaukee County letterhead his 2013 award from the Constitutional Sheriffs and Peace Officers Association, whose leader suggested using women and children as human shields during Nevada rancher Cliven Bundy's standoff with federal agents; accused Milwaukee County Executive Chris Abele of having «penis envy» and being on heroin when crafting the county budget and needing to be drug tested; blasted Milwaukee County District Attorney John Chisholm and Chief Judge Jeffrey Kremers for being «soft on crime»; provided minimal protection for President Obama during his 2012 visit; employs former Scott Walker spokeswoman Fran McLaughlin, who was given criminal immunity over her role in Walker's mixing of campaign and county business; and created pro-gun public service announcements.
As a federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.»
«Unless the federal judiciary is to be a floating constitutional convention,» Noonan added, «a federal court should not invent a constitutional right unknown in the past and antithetical to the defense of human life that has been a chief responsibility of our constitutional government.»
In general, based on the 2003 interview, it doesn't look like Santorum knows how to talk or think about this issue very well; he doesn't, for example, appear to know how to distinguish the three levels of the right to privacy debate: a) the natural rights level, b) the Constitutional level, and c) the plain - old law level, state and federal.
When the nation was established as a democratic republic, the people of the former English colonies, acting in their various constitutional conventions, transferred all governing power to their states and to the federal government, reserving for themselves only certain rights and powers they previously claimed to enjoy as subjects of the British Crown.
In a historic turn of events, a federal appeals panel in San Francisco ruled Tuesday that California's ban on same - sex marriage violates the constitutional right to equal protection.
Two federal courts of appeals have invented a constitutional right to assisted suicide, and one court is apparently willing to extend the right to euthanasia.
Moreover, each and every member of Congress should be notified that he or she is personally liable (can be sued) for his or her own failure, or the same in conspiracy with other members, to perform what is a ministerial and constitutional duty, that is, to require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens» under Article II of the United States Constitution, the failure of which creates a cause of action for deprivation of claimants» constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constituticonstitutional duty, that is, to require and / or insist that Presidential electoral votes only be counted for candidates who are «natural born citizens» under Article II of the United States Constitution, the failure of which creates a cause of action for deprivation of claimants» constitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a Constituticonstitutional rights (as allowed under the Bivens case) against employees of the Federal Government, in this case, to a lawful President and Commander in Chief, and therefore, for deprivation of adequate continuation of the United States as a ConstitutionalConstitutional Republic.
With a substantial majority — many states such as Zamfara, the first to attempt to enact Sharia in 1999, have populations that are well over 95 % Muslim — and a theological obligation to submit to Islamic law, Northerners resent federal intrusion, which they say amounts to the abrogation of their constitutional right to religious freedom.
Meanwhile, on Tuesday, in a federal district court in Washington, D.C., the American Civil Liberties Union (ACLU) and the Center for Constitutional Rights filed a brief requesting that a federal judge not dismiss a case of litigation against senior CIA and military officials for the 2011 targeted killing of Anwar al - Awlaki (a suspected al - Qaeda leader) and his 16 - year - old son, both U.S. citizens.
Posts will cover topics like the re-scaling of nation - states, constitutional change, the right to decide, independence movements, the federal EU hypothesis, the Europe of Regions approach, democratic participation and civic nationalism in relation to city - regions.
A well - meaning but tired civil service employee eating soggy sandwiches out of a vending machine at 2 AM in the basement of a federal building can not take your constitutional right away.
The federal lawsuit claims the ordinance — which bans the sale and possession of assault weapons, bump stocks and high - capacity magazines — violates the plaintiffs» Constitutional rights.
A federal judge in 2013 had ruled that the initiative violated the constitutional rights of minorities.
In 2013, a federal judge found that the city's stop and frisk policy violated the constitutional rights of mostly black and Latino men.
A journalist's lawsuit alleging that the NYPD's regulation of the press violates the constitutional rights of a free press can go forward, a federal judge has ruled.
Manhattan Federal Judge Shira Scheindlin ruled Monday morning that the NYPD violated thousands of New Yorkers» constitutional rights through its controversial stop - and - frisk tactics.
Unlike the UKIP demand for a federal UK based on Little England as a fortress outside the European Union, Greens and progressives should seize this historic moment to argue for a new constitutional and democratic compact, with electoral reform, including proportional representation for both houses of parliament, greater participatory democracy in the regions, and a written constitution with a citizens bill of rights.
The PDP spokesman said, «It is instructive to inform you that our leaders, particularly our National Chairman, Prince Uche Secondus, have been receiving threats since the PDP filed a petition to the United Nations and the Commonwealth of Nations, detailing documented threats to democracy by the APC and its Federal Government, abuse of human rights, mass killings, extrajudicial executions, persecution of opposition and unabated constitutional violations.»
From its cannibalistic proclivities, the world can see why the APC and its insensitive Federal Government care less about the lives and welfare of Nigerians, resulting in the escalation of violence, bloodletting, mass killings, extra-judicial executions, persecution of citizens, abuse of human rights, constitutional violations, including invasion of the National Assembly as well as attack on federal lawmakers and judicial ofFederal Government care less about the lives and welfare of Nigerians, resulting in the escalation of violence, bloodletting, mass killings, extra-judicial executions, persecution of citizens, abuse of human rights, constitutional violations, including invasion of the National Assembly as well as attack on federal lawmakers and judicial offederal lawmakers and judicial officers.
Republicans who controlled the redistricting process as part of a task force called LATFOR always said their lines were based on demographics, and insisted they complied with the state and federal constitutional as well as the federal Voting Rights Act, which was enacted to protect the voting rights of racial minorRights Act, which was enacted to protect the voting rights of racial minorrights of racial minorities.
Last week, a federal judge ruled in a civil suit that stop - and - frisk violated the constitutional rights of the plaintiffs, and appointed a monitor to oversee changes to the policy.
Regardless of the outcome of the hearing, Paladino has already filed a federal lawsuit against the board, charging that his constitutional rights to free speech have been violated.
The high court let stand a federal appeals court's ruling that UT did not violate the constitutional rights of White Buffalo Ventures when it blocked 59,000 e-mails in 2003 despite LonghornSingles.com complying with CAN - SPAM after it legally obtained the addresses from the university.
Cases alleging a federal constitutional right to education need not center on the illegality of funding disparities.
Declaring education to be an implicit fundamental right would raise difficult constitutional questions about essentials such as food, shelter, and health care — none of which are mentioned in the federal Constitution.
Given the substantial risks (and uncertain rewards) of federal judicial intervention, any acknowledgment of constitutional rights to education should be left to the states.
Adding constitutional equity and adequacy claims to the federal dockets, in the service of an implicit right to education, could lead to an era of federal judicial supervision with no end in sight.
Without the benefit of any constitutional text or interpretive history to lend meaning to the term «education,» federal courts would be fabricating a new substantive right out of whole cloth.
Also in this issue: A look back at what the Obama administration's signature education reform got wrong, with lessons learned to guide states and districts in refining their teacher evaluation systems, and a warning on the limits of federally - led school reform; a proposal for how to redesign education research under the Every Student Succeeds Act; and a debate on whether there is a federal constitutional right to education.
They do so today for countless purposes, typically to claim a right to free and edgy speech on T - shirts or banners under the First Amendment, to assert rights to education of the handicapped under the federal Individuals with Disabilities Education Act, and to ask for more school spending under state constitutional provisions that are said to guarantee an equitable or an adequate education.
Characterizing its practice as a «general practice for a specialized clientele,» the firm provides legal advice and expertise to handle any and all needs of a school district, including fair dismissal personnel issues, allegations of employment discrimination and EEOC complaints, other personnel disputes, student discipline issues, student tribunal hearings, civil rights claims, personal injury actions, federal and state constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.
Providing a general law practice for a specialized clientele, Harben, Hartley & Hawkins meets all of the legal needs of school districts including: fair dismissal personnel issues, allegations of employment discrimination and EEOC complaints, other personnel disputes, student discipline issues, student tribunal hearings, civil rights claims, personal injury actions, federal and state constitutional claims and other litigation, special education and other legal issues involving disabled students, contracts, leases and other business needs, policy and rule development, construction disputes, bond and SPLOST issues and other financial matters.
Summary of Supportive Federal Laws and Constitutional Rights of Transgender Students One - page summary of supportive federal laws and constitutional rights for transgender stFederal Laws and Constitutional Rights of Transgender Students One - page summary of supportive federal laws and constitutional rights for transgeConstitutional Rights of Transgender Students One - page summary of supportive federal laws and constitutional rights for transgender stuRights of Transgender Students One - page summary of supportive federal laws and constitutional rights for transgender stfederal laws and constitutional rights for transgeconstitutional rights for transgender sturights for transgender students.
To end Washington's discrimination against special needs kids in religious schools — and to vindicate the rights of parents to choose their children's schools from a wide array of options, including public, private and religious schools — the Institute for Justice Washington Chapter filed a federal constitutional lawsuit challenging the special education ban.
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Coparmex said it had filed an amparo, a form of constitutional injunction, in a federal court to defend its rights against President Enrique Pena Nieto's government.
«The time has come for the federal courts to recognize a federal constitutional right to some minimal, adequate level of education.
This week, The Wall Street Journal published an op - ed by Theodore J. Boutrous, Jr. and Joshua S. Lipshutz, two lead members of the legal team behind Vergara v. California and the new federal education equality lawsuit, Martinez v. Malloy, in which the attorneys make the case for a constitutional right to education and federal legal protections for disadvantaged students.
The children of North Carolina, like all children in the United States, enjoy a federal constitutional right to attend private schools.
As with voting rights and rights to non-discrimination in employment and housing, the federal government protects all citizens by ensuring equal access to those things that enable us to enjoy the fruits of our Constitutional form of government.
Covert Operations presents works that directly address citizens» constitutional rights and the vast expansion of federal power.
The question of whether corporations have constitutional rights is central to the Supreme Court's recent campaign finance case, Citizens United v. Federal Election Commission.
The federal government must respect the constitutional right of scientists to speak about any subject, including policy - related matters and those outside their area of expertise, so long as the scientists make it clear that they do so in their private capacity.
Federal Court Affirms Constitutional Rights of Kids and Denies Motions of Government and Fossil Fuel Industry in Youth's Landmark Climate Change Case
The civil rights conspiracy statute requires proof of both an identifiable Constitutional or federal statutory right, and specific intent of the conspirators to deprive the victim of his federal right.
Posts cover «42 U.S.C. section 1983, perhaps the most important federal civil rights statute, and on constitutional law (especially the First Amendment), the teaching of constitutional law and other law - related topics.»
In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).
Stated differently, the Supreme Court is not free to accept without analysis the conclusions that state courts and state law proclaim with respect to the boundaries of property rights or the limitations thereof when the decision on those questions implicates or undercuts important federal constitutional issues.
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