Sentences with phrase «rights against the constitution»

Not exact matches

Detroit school students, represented by the Los Angeles - based public interest firm Public Counsel, filed suit last month against the state of Michigan, claiming a legal right to literacy based on the 14th Amendment to the Constitution.

The Chief Justice, in dissent, complained about the majority's «entirely gratuitous» aspersions against supporters of traditional marriage: «It is one thing for the majority to conclude that the Constitution protects a right to same - sex marriage; it is something else to portray everyone who does not share the majority's «better informed understanding» as bigoted.»

The most explicit statement of these limitations is in the Constitution's first ten amendments — the Bill of Rights — which guarantee freedom of religion, speech, press, assembly, and petition, the right to bear arms, protection against the obligatory quartering of soldiers, security from unwarranted search and seizure, the right to a grand jury, protection against double jeopardy and self - incrimination, the right of due process, just compensation for private property taken for public use, and speedy public trial by jury without excessive fines or bail.

SCOTUS simply needs to uphold the Constitution in ensuring rights and as a check against unconstitutional laws.

The declaration highlighted that, despite the Russian Constitution guaranteeing every citizen the right to freedom of religion or belief, Russian authorities «continue to foster an atmosphere of intolerance, discrimination and persecution against religious minorities throughout the entire Federation».

The right concludes, finally, that groups and localities must defend themselves militarily against an alien, hostile state which is seeking to uproot the Constitution in favor of «one - world government.»

Having said all that, the Muslims do have the right to create a center at a place of their own choosing, regardless of the noises made by Newt and others promoters of stupidity in America, long as they are not promoting laws that are not only against the constitution but against the dignity of what we know as humans, we can not legalize any killing fields.

Against that, the displaced people claim the right to life (Art 21 of the Constitution)... One of the aims of the struggle is to protect the material base for creative life - centred life - sustaining activities.

The powers of Congress to require military service for the common defense are broad and far - reaching, for while the Constitution protects against invasions of individual rights, it is not a suicide pact.

Oh well if I have the right to chose as a member of the electorate I will vote against the EU Constitution / Lisbon Treaty.

The same Constitution imposes an obligation on government to secure the state and protect every citizen against infringement of their rights by others.

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 Constitutional Republic.

Fayose said; «It is on record that on June 10, 2013, it was widely reported in the media that the current Minister of Information, Alhaji Lai Mohammed, who was the National Publicity Secretary of Action Congress of Nigeria (ACN) said that the proscription of Boko Haram was against the constitution, that it stifled the press and tampered with the fundamental human rights of Nigerians.

The head of the state AFL - CIO and IDC members came out strongly against a convention to develop possible changes to the state Constitution, saying it could lead to a diminishment of worker rights.

My report finds that whilst the Constitution has been referred to in only a limited fashion in cases involving the protection and enhancement of women's rights, notable exceptions include violence against women resulting from religious edicts: «In response to a spate of violence directed at young rural women as part of their sentencing by fatwa... the Supreme Court declared such sentences unconstitutional in 2001.»

We tried and it was a beautiful experiment that I thought was very important but those in power managed to sabotage its reputation by just constantly hammering that a new constitution should never be ratified in dispute which was complete bollocks (for more on the dispute manufactured by the Independence Party see the «An Unexpected Hiccup» section of From the people to the people, a new constitution) because those in power will always fight against anything that brings more liberation and more rights to the public and thwarts their unconditional power.

To protect the Committee's fundamental rights under the United States and New York State Constitutions against the partisan use of state power, the Committee requests that the Court quash the subpoena and issue a protective order directing that the Committee need not respond to the subpoena's remaining demands.»

Trump Opens Door For Gun Confiscation In America It is time for the American people to forget about which party controls Congress and who is in the White House and start standing en masse for the Constitution and Bill of Rights — and against ANY new gun control laws — or the Second Amendment (and the rest of our liberties) will soon be toast.

I want to once again remind readers that self - defense — including defense against tyrannical government — is more than a right guaranteed in the Second Amendment to our Constitution; it is a duty assigned us in Nature by our Creator.

And compared to the federal constitution, New York's document provides more protections against many forms of government intrusion and more rights.

The NDC is a political party and can not use its subordinate constitution to gag citizens from the exercise of their constitutional rights to speak against unconstitutional conduct and actions of a Government even if it supported it to come to power.

Therefore I was not surprised when Evans Amankwah and his co-petitioner refused or failed to realize that the NDC Constitution itself recognizes that it is inferior to the 1992 Constitution and does not abolish the right of NDC members to exercise their supreme rights as citizens of Ghana to defend the 1992 Constitution against acts of NDC members and Government and even against the NDC Constitution itself when it is inconsistent with and in contravention of the said national Constitution.

I am not against any man in this country; I am for my rights as enshrined in the constitution,» he added.

The accusations against Paladino in the Buffalo School Board's petition do not include his remarks about the Obamas, but the Buffalo businessman has brought them up in his defense for allegedly leaking the teacher negotiation details, saying it's part of a conspiracy to deny him his first amendment rights for free speech under the US Constitution.

The accusations against Paladino in the Buffalo School Board's petition do not include his remarks about the Obamas, but the Buffalo businessman has brought them up in his defense for allegedly leaking the teacher negotiation details, saying it's part of a conspiracy to deny him his first amendment rights fo free speech under the US Constitution.

The state's highest court this month ruled against a coalition of poor rural districts, which claimed that significant differences between rich and poor jurisdictions violated the right to an education under the state constitution.

They provide one of the more succinct definitions of civil disobedience offered to high schoolers: «The right of all Americans to express their dissent against laws in these and many other ways is protected by the Constitution.

In a split 5 - 4 decision, the Supreme Court ruled against Rodriguez, saying there is no right to equal funding in education under the U.S. Constitution.

The Wright v. New York case was first filed in 2014, when nine families from across the state brought suit against the State of New York and others, claiming that teacher tenure, dismissal, and quality - blind layoff laws deprive New York children of their right to a sound basic education as guaranteed under the New York State Constitution.

The Florida Constitution grants all Floridians the right to unlimited homestead protection against judgment creditors, regardless of the length of residency.

Although the CCCI can not assume responsibility for censorship of content on the internet, any member has the right to lodge a complaint against another member, per the rules of our constitution and by - laws, in which case the CCCI may intervene, and may find it necessary to suspend or expel members who author content with malicious intent, misrepresentation or defamation on ANY publicly available media (including but not limited to internet communications of any kind).

We hold, therefore, that where, as here, the investigation is no longer a general inquiry into an unsolved crime, but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to eliciting incriminating statements, the suspect has requested and been denied an opportunity to consult with his lawyer, and the police have not effectively warned him of his absolute constitutional right to remain silent, the accused has been denied «the Assistance of Counsel» in violation of the Sixth Amendment to the Constitution as «made obligatory upon the States by the Fourteenth Amendment,» Gideon v. Wainwright, 372 U.S. at 342, and that no statement elicited by the police during the interrogation may be used against him at a criminal trial.

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

In my opinion the ECJ's decision in Taricco I that national courts must disapply the rules of statutes of limitations if they prevent Member States from fulfilling their obligations under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the rights and interests of citizens, i.e., against fundamental social human rights guaranteed under Articles 2 and 3 of the Italian Constitution, and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 (2) Const.).

@TimLymington The last section of the Constitution says «To guard against transgression of the high powers which we have delegated, We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; and all laws contrary thereto, or contrary to this Constitution, shall be void.»

To uncover the Constitutional underpinnings of individual privacy in the Bill of Rights, take a peek at the Fourth Amendment's golden rule against unreasonable searches and seizures, as well as rights under the First (freedom of religion, speech, press, assembly), Third (no quartering of troops), Fifth (no self - incrimination) along with the Ninth (the catch - all that preserves rights not specifically named in the Constitution) and Fourteenth Amendments (due process, equal protecRights, take a peek at the Fourth Amendment's golden rule against unreasonable searches and seizures, as well as rights under the First (freedom of religion, speech, press, assembly), Third (no quartering of troops), Fifth (no self - incrimination) along with the Ninth (the catch - all that preserves rights not specifically named in the Constitution) and Fourteenth Amendments (due process, equal protecrights under the First (freedom of religion, speech, press, assembly), Third (no quartering of troops), Fifth (no self - incrimination) along with the Ninth (the catch - all that preserves rights not specifically named in the Constitution) and Fourteenth Amendments (due process, equal protecrights not specifically named in the Constitution) and Fourteenth Amendments (due process, equal protection).

We have successfully prosecuted civil rights claims and defended clients against civil rights complaints, including those alleging First Amendment violations, Due Process and Equal Protection violations, Age and Sex Discrimination claims and other violations of the United States and State Constitutions.

We already have the Constitution Act and human rights legislation which protects everyone including lawyers against discrimination.

As the Supreme Court affirms, travel is «a right broadly assertable against private interference as well as governmental action,» and is «a virtually unconditional personal right, guaranteed by the Constitution to us all.»

The Fourth Amendment to the United States Constitution, which guarantees» [t] he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,» has been applied to monitoring by government employers.

By sanctioning trials of enemy aliens by military commission for offenses against the law of war, Congress recognized the right of the accused to make a defense, and did not foreclose their right to contend that the Constitution or laws of the United States withhold authority to proceed with the trial.

530, that there will be a decree against the plaintiffs, in order that they may avail themselves of the right secured to them by the constitution and laws, of a revision by the supreme court of the United States; where it is highly proper that this question, depending, as I think it does, mainly upon the constitution of the United States, should be ultimately decided.»

«There's a provision of the Texas constitution that says you have the right to bring an intentional tort claim against employer, while you're alive,» said lead council Valerie Farwell.

The ECJ's decision that national courts must disapply the rules of statutes of limitations if they prevent Member States from fulfilling their obligations under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the rights and interests of citizens, i.e., against fundamental social human rights guaranteed under Arts. 2 and 3 Const., and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 Const.)

The Constitution protects individual's rights against unreasonable searches and seizures.

It is both critical for criminal suspects to assert their right to remain silent under the Constitution's Fifth Amendment, to have a federal criminal lawyer advocating for them early on to work to avoid a prosecution in the first place, and to minimize being behind the eight - ball in defending against federal felony charges.

Note also that these topics are important even if the Second Amendment isn't incorporated against the states, since they also arise under the at least 40 state constitutions that recognize an individual right to keep and bear arms.

To take but one example, the Fourth Amendment to the United States Constitution guarantees that «the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated.»

Constitutional law: Métis leader Harry Daniels launched a constitutional challenge in 1999 against the federal government's exclusion of Métis and non-status Indians from its definition of the term «Indian» as it applies to rights and obligations under the Constitution.

If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment declaring his right to be secure against such searches and seizures is of no value, and, so far as those thus placed are concerned, might as well be stricken from the Constitution... The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures and enforced confessions, the latter often obtained after subjecting accused persons to unwarranted practices destructive of rights secured by the Federal Constitution, should find no sanction in the judgments of the courts which are charged at all times with the support of the Constitution and to which people of all conditions have a right to appeal for the maintenance of such fundamental rights.