Sentences with phrase «question under the state constitution»

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.

Not exact matches

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».

Using state resources to offset disparities in property tax bases may meet a legal definition of equal access under state constitutions, but the LaFortune et al. findings raise questions about this strategy for promoting more equal outcomes.

«There is a question when you penalize someone for maintaining an protected right under the federal and state constitutions.

Jepsen lightly approached the question of where Judge Thomas Moukawsher's broad indictment of public K - 12 education was right or wrong as a matter of policy, but the appeal sharply attacks the judge's legal basis for ruling that shortcomings he identified violate students» rights under the state Constitution to a free and adequate education.

Giving providers assurance that guidelines can be used only in their favor may be an important step toward gaining their support; but allowing such one - sided use of evidence in a court of law raises disturbing questions of fairness and of validity under the U.S. Constitution's Fifth and Fourteenth Amendments» due process and equal protection mandates, and under state constitutional principles as well.

Justice Gorsuch argued that partisan gerrymandering claims arise under Article IV, Section 4 of the Constitution, which requires the federal government to «guarantee to every State in this Union a Republican Form of Government,» and which the Court has long dismissed as giving rise only to non-justiciable political questions.

Thus it will be seen by these quotations from the opinion that the court, after stating the question it was about to decide in a manner too plain to be misunderstood, proceeded to decide it, and announced, as the opinion of the tribunal, that in organizing the judicial department of the Government in a Territory of the United States, Congress does not act under, and is not restricted by, the third article in the Constitution, and is not bound, in a Territory, to ordain and establish courts in which the judges hold their offices during good behaviour, but may exercise the discretionary power which a State exercises in establishing its judicial department and regulating the jurisdiction of its courts, and may authorize the Territorial Government to establish, or may itself establish, courts in which the judges hold their offices for a term of years only, and may vest in them judicial power upon subjects confided to the judiciary of the United States.

That surely can refer only to such controversies in which a State can be a part, in respect to which, if any question arises, it can be determined, according to the principles I have supported, in no other manner than by a reference either to preexistent laws or laws passed under the Constitution and in conformity to it.

28 US Code § 1331 states that federal question jurisdiction means that the court may hear matters arising under the Constitution, federal law or treaty.