Sentences with phrase «permitted by the constitution»

On March 2, 1807, Congress approved legislation prohibiting the importation of slaves into the United States, which went into effect January 1, 1808, the first day permitted by the Constitution.
So calling for Kinder Morgan Inc.'s pipeline expansion megaproject to be halted — whether or not that is sound policy — is clearly permitted by the Constitution, as is organizing large protests against the project.
In cases involving the Act, the Supreme Court of the United States has stated that the standing requirement is the lowest level permitted by the Constitution and that fair housing organizations can satisfy the standing requirements by showing: a) the organization has diverted resources to identify and counteract defendant's allegedly unlawful practices; and b) the organization has alleged «distinct and palpable» injuries traceable to the defendant's alleged conduct.

Not exact matches

The Constitution doesn't bar state Internet sales taxes; it permits them so long as they're approved by Congress through federal legislation or through approval of a multi-state agreement.
The country's constitution offers freedom of religion but in reality only services approved by the government are permitted.
In Oklahoma, voters approved the guarantee of the death penalty by a 2 - to - 1 margin permitting lawmakers to proceed with any method of execution that is not banned by the U.S. Constitution and specifying that the death penalty is not cruel and unusual punishment.
The President stated, «I also believe that the current executives should be free to vie for elective positions in the party if they so wish, as permitted by our Party constitution.
That measure was limited by constraints in the state constitution that do not permit any reduction of benefits for those already in the state government pension system.
Article 14 (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law; Article 19 (1) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court; Article 19 (11) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law; Article 19 (12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitution.
«Stevenson argues that identifying his pension plan contributions as a substitute asset and permitting seizure by the Government was [in] error as those contributions are protected by... the New York State Constitution,» said the three - judge panel.
«Stevenson argues that identifying his pension plan contributions as a substitute asset and permitting seizure by the Government was error as those contributions are protected by... the New York State Constitution,» said the three - judge panel.
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 longest - running of the cases, filed in federal court in 2000, alleged that Arizona's individual tax - credit program violates the establishment clause of the U.S. Constitution by permitting organizations to provide scholarships to students that can be used only at religious schools.
Political unwillingness is, in actual fact, illustrated by the lowly insignificant number of twelve (12) Rwandan refugees, who are, at the moment, holders of permanent residence permits.19 As permanent residents, they are entitled to «all the rights, privileges, duties and obligations of a citizen, save for those rights, privileges, duties and obligations which a law or the [South African] Constitution explicitly ascribes to citizenship».20 A permanent residence permit is a vehicle to full integration.
The Minnesota Federation of Teachers has filed suit in federal district court in St. Paul to block the state's 1985 Postsecondary Enrollment Options Act on the grounds that the law violates both the state and federal constitutions by permitting the «direct diversion» of public funds from public schools to church - related colleges and universities.
The fact is, many school districts have been historically underfunded, and the State of Connecticut has been in violation of its own constitution by permitting gross educational inequity.
Please keep in mind that per our constitution and by - laws, it is not permitted for any member to state in any «advertising media», that they are affiliated with CCCI.
By promising to block any presidential initiative that comes its way, Congress has encouraged the president to work around the legislative branch whenever the Constitution permits.
California must assert its right to regulate industrial hemp as permitted by the U.S. Constitution, the U.S. Congress and the 2004 9th U.S. Circuit Court decision in HIA v. DEA.
[2] Once Aboriginal title is established, s. 35 of the Constitution Act, 1982 permits incursions on it only with the consent of the Aboriginal group or if they are justified by a compelling and substantial public purpose and are not inconsistent with the Crown's fiduciary duty to the Aboriginal group;
Courts which sit under our Constitution can not and will not be made party to lawless invasions of the constitutional rights of citizens by permitting unhindered governmental use of the fruits of such invasions.
This was an appeal by the Catholic adoption services agency against the First Tribunal's confirmation of the decision by the Charity Commission that it was not permitted to amend its constitution so as to permit it to continue its previous practice to refuse to offer its adoption services to same sex couples.
In its 5 - 4 decision in Philip Morris v. Mayola Williams, Justice Breyer, writing for the majority, held that the jury's verdict violated the Due Process clause of the Constitution because jurors had been permitted to consider harm suffered by other smokers, who weren't parties to the case, in assessing punitive damages.
The standard permits law schools with a religious affiliation or purpose to give preference to applicants who are members of that religion or purpose, «only to the extent that those policies are protected by the United States Constitution,» Standard 205 states.
An important part of Justice Stevens» legacy will be his recognition that the Constitution permits, and in many circumstances demands, protection of efforts — whether by Congress or a local school district — to promote inclusion of all citizens in every facet of our nation's political, social, and cultural life.
If a suspect is not present in a state to be criminally prosecuted, then the options available to a state are (1) to toll the running of the statute of limitations while the suspect is outside the state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent part:
The immediate reaction should not be to start using an app, but to call an experienced criminal defence lawyer (as you are permitted by law and our constitution to do so).
These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.
The right of provincial governments to enforce regulations to protect the environment within their borders is clearly permitted within the division of powers in the Canadian Constitution and by subsequent jurisprudence.
[A proposed Article of Amendment permitting the Commonwealth or its political subdivisions to extend aid to non-public schools students within the limits of the United States Constitution, adopted by the General Court during the sessions of the years 1980 and 1982, was rejected by the people on the second day of November, 1982; and a similar Article of Amendment adopted by the General Court during the sessions of the years 1984 and 1986, was rejected by the people on the fourth day of November, 1986.]
One, from 1972, said the Fair Housing Act is «broad and inclusive» and reaches «as broadly as is permitted by Article III of the Constitution
In earlier cases, the Court has found that the Fifth Amendment «Takings Clause» in the U.S. Constitution protects property owners from exorbitant demands by the government when property owners are seeking permits for property development.
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