Sentences with phrase «protection as an amendment»

Not exact matches

Under Cruz's somewhat complicated amendment, insurers would be able to offer plans that don't comply with various Obamacare standards (protections for those with pre-existing conditions, mandated benefits, etc.) as long as they also offer a plan that does comply with those standards.

(As the Fourteenth Amendment says, «nor shall any State... deny to any person within its jurisdiction the equal protection of the laws.»)

In the 2008 District of Columbia v. Heller case, the Supreme Court ruled 5 - 4 that the Second Amendment protects a person's right to own guns — at a federal level — and in 2010 the court said that protection applies at a local level as well.

Deputy attorney general James Cole defended the bulk collection of Americans» phone records as outside the scope of the fourth amendment's protections against unreasonable searches and seizures.

We require that these Outside Contractors agree to (1) protect the privacy of your personal information consistent with this Privacy Policy, or the Data Protection Amendment and (2) not use or disclose your personal information for any purpose other than providing us with the products or services for which we contracted or as required by law.

A provision, known as the Durbin amendment, in the Dodd - Frank Wall Street Reform and Consumer Protection Act that was signed into law in 2010, requires the Federal Reserve to limit the interchange fees that card networks can charge merchants each time a customer uses a debit card.

The seriousness of the problem is revealed by the fact that, although Trinity Lutheran has come before the Supreme Court as a free exercise and equal protection case, the Blaine Amendments most centrally collide with the Establishment Clause.

The administration, he said, «implicitly assumes that those who employ or help others of a different religion are no longer acting in a religious capacity, and as such are not entitled to the protection of the First Amendment.»

On 23 February, the United States Attorney General, Eric Holder, Jr., sent a letter to members of Congress in which he informed them that President Obama had determined that DOMA is in violation of the equal protection clause of the Fifth Amendment of the United States Constitution, and, as such, will no longer be defended by his administration.

In the opinion for Griswold v. Connecticut in 1965, the majority cited the Fourteenth Amendment as a protection against a statute in Connecticut which banned the usage of contraception.

I support the call for a human life amendment to the U.S. Constitution, which would define a fetus as a person entitled to legal protection from untimely, unnecessary death.

As interest in the supernatural has dwindled, the vacated churches, synagogues and mosques in the USA were sold off and the proceeds invested in a fund which, under the XXV Amendment to the US Const.itution, could only be used to further scientific education and environmental awareness and protection.

Few issues are as important today as the protection of the First Amendment rights of freedom of speech and the practice of religion.

The rational basis test is always applied first when a state or federal statute is challenged as a violation of the Fourteenth Amendment Equal Protection Clause.

In reality, the founders put the second amendment in the bill of rights not to ensure Americans could enjoy hunting or target practice, but as a protection against government tyranny.

«The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths,» he continues, «and to their own deep aspirations to continue the family structure they have long revered.»

«The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths,» Kennedy wrote, «and to their own deep aspirations to continue the family structure they have long revered.»

This peculiar species of what is known as «substantive due process» assimilates that clause to the standards used under the equal protection clause of the Fourteenth Amendment, and carries all sorts of borrowed baggage from the latter about «levels of scrutiny.»

Justice Scalia, writing for the majority, viewed this as an unconstitutional attempt to expand the narrow categories of content which are not afforded full First Amendment protection: obscenity, incitement, and fighting words.

While most of the attention on the Supreme Court's HHS mandate cases has properly centered on whether the Court will interpret the protections of the First Amendment and the Religious Freedom Restoration Act (RFRA) to include corporations as well as individuals, an even more malignant threat....

The suit, filed by several Jewish groups and three rabbis on October 4, argues that «the government can not compel the transmission of messages that the speaker does not want to express - especially when the speaker is operating in an area of heightened First Amendment protection, such as a religious ritual.»

The Court moved a long way toward making homosexual conduct a constitutional right, adopted the radical feminist view that men and women are essentially identical, continued to view the First Amendment as a protection of self - gratification rather than of the free articulation of ideas, and overturned two hundred years of history to hold that political patronage is unconstitutional.

Lost in the shuffle of the budget presentation this week was the roll out of an amendment as proposed by Gov. Andrew Cuomo that would add gender protections to the state Constitution.

The judicial precedent for equal protection for federal laws is somewhat fuzzy as there is not equal protection clause specifically written as part of the fifth amendment, and the specific clause is only in reference to states in the fourteenth amendment.

However, the Fifth Amendment's due process guarantee, beginning with Bolling v. Sharpe (1954), has been interpreted as imposing some of the same restrictions on the federal government: «Though the Fifth Amendment does not contain an equal protection clause, as does the Fourteenth Amendment which applies only to the States, the concepts of equal protection and due process are not mutually exclusive.

Since Bolling v. Sharpe, a Supreme Court decisions that came out the same day as Brown v. Board of Education, the 5th amendment's Due Process clause has been interpreted by the courts to also imply a guarantee of equal protection under federal law.

As there was such amendment explicitly guaranteeing equal protection for the federal government, the courts ruled that due process necessitated equal treatment.

By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.

The Guardian also states that in an NCCL briefing note dated 1978, Harman urged amendments to a 1978 Child Protection Bill declaring that «images of children should only be considered pornographic if it could be proven the subject suffered», which Harman says was an argument intended to protect from «unintended consequences» such as parents being prosecuted for taking pictures of their children on the beach or in the bath.

With the growth in the commercialisation of public space, through sell - offs, a Peaceful Protest Act would also create a limited right of access to quasi-public land for the purposes of protest — as Tom Watson unsuccessful amendment to the Protection of Freedoms Bill attempted last year.

NYSRPA believes that both the City and State of New York violate the Equal Protection Clause of the 14th Amendment by requiring the payment of fees as a prerequisite for the lawful exercise of the specifically enumerated individual civil right to keep and bear arms as guaranteed by the 2nd Amendment.

Those supporting the right to keep and bear arms, and the associated protections enshrined in the Second Amendment, see efforts that would restrict their ability to freely exercise their rights as an attack on the same.

Normally, that by itself, should shield any one of the states which enacted Traditional Marriage protections against interlopers entering the state and demanding that their fake Sodomite «marriage» be recognized as valid, but in this day and age of a runaway judiciary, it is best that we somehow pass a Constitutional Amendment defining Traditional Marriage and / or slapping the hands of rogue jurists away from the issue altogether.

During the Equality Act 2010's passage through Parliament, we worked closely with a range of organisations as well as our supporters in Parliament to have amendments made to the Equality Bill which sought to increase protection against discrimination for humanists and others, and to minimise the exceptions from the law granted to religious organisations.

The other board members seized on Paladino's comments as an opportunity to remove him from the Board of Education, despite protection under the First Amendment and his right to free speech, the lawsuit alleges.

In a sign that leadership expected the vote in the House to be tight, sources told The Hill on Thursday evening that Defense Secretary James MattisJames Norman MattisOvernight Defense: Over 500 amendments proposed for defense bill Measures address transgender troops, Yemen war Trump taps acting VA chief as permanent secretary Defense bill amendment would protect open transgender military service Overnight Defense: Senate confirms Haspel as CIA chief Trump offers Kim «protections» if he gives up nukes Dem amendments target Trump military parade MORE was calling members urging them to support the agreement.

The amendment, crafted by Dominic Raab, a Eurosceptic Tory rising star, sought to make it easier to deport foreign criminals who claim a right to a family life as protection under the European Convention on Human Rights.

The public relations firms» suit claims the rules violate the First Amendment as well as constitutional due - process protections «by unlawfully subjecting public relations firms like the plaintiffs to a disclosure and punishment regime designed for true lobbyists, when all they are doing is speaking to the press about public issues.

Congress formally recognized EDCs as a public health concern in 1996 when it passed the Food Quality Protection Act and amendments to the Safe Drinking Water Act.

In the United States, the First Amendment to the Constitution, as well as the federal protections of truthful and non-misleading commercial speech, allow Health Coaches to provide health and wellness coaching.

Because You, as a Student or Graduate, if You so Choose, would qualify for the «First Amendment Protection Rights» for Spiritual & Religious Freedom as practicing Holistic Health & Healing Ministers and Counselors.

The First Amendment guarantees free speech and a free and unrestrained press as the primary protections for ensuring a diverse marketplace of ideas in support of an informed citizenry.

As many commentators have convincingly explained, it is difficult to square this position with the original understanding of the Fourteenth Amendment's equal protection clause (see Eric Schnapper's «Affirmative Action and the Legislative History of the Fourteenth Amendment»; Michael Klarman's «Brown, Originalism, and Constitutional Theory»; and Jed Rubenfeld's «Affirmative Action»).

Teaching With Documents Lesson Plan: Documents Related to Brown v. Board of Education Use primary source material from the National Archives to learn about the 14th Amendment, primarily the equal protection clause, as well as the powers of the Supreme Court under Article III of the U.S. Constitution.

If state courts rule that the amendment requires that religious students and institutions be treated differently than secular ones, as Martinez's ruling seems to imply, it could potentially raise a federal challenge under both the First and Fourteenth Amendments as a violation of free exercise and equal protection.

[30] Congress could also incorporate protections, such as those in the proposed First Amendment Defense Act (FADA), which would protect schools» ability to maintain their religious and cultural character free of government coercion.

Rep. Roy Ragland, a Republican, said in an interview last week that he introduced the School Textbook Marriage Protection Act after state voters «overwhelmingly passed an amendment to the Arkansas Constitution in November defining marriage as the union of a man and a woman.»

The Indiana Attorney General wrote that providing free bus transportation for parochial school students on the same basis as public school students does not violate Indiana's Blaine Amendment because any benefit to parochial schools is incidental to the protection and education of children.

Additionally, there are narrow categories of speech that courts have held are generally outside of First Amendment protection, such as defamation, obscenity, and «true threats.»

So let's suppose that all of the Blaine amendments were struck down tomorrow, as violations of the Establishment Clause or the Equal Protection Clause or the Speech Clause, or some other clause — there are lots of choices.