Sentences with phrase «state constitutional language»

The state prohibits the practice based on state constitutional language barring government aid to religion.

Not exact matches

These Catholic claims prompted state constitutional amendments nationwide dictating that public funds for education could not be controlled by «any religious sect,» language carefully chosen to halt the Catholic drive while preserving public school instruction in nonsectarian Protestantism.

The chances that choice will pass the test in these cases will vary according to the particular constitutional language, the local judicial precedents, and the composition of the state court at the time; but in every case there will be two commonalities of theory that are worth noting.

In addition to calling for an inclusion of marriage equality in the Democratic Party platform, the language also backs overturning the Defense of Marriage Act and passing DOMA repeal legislation known as the Respect for Marriage Act in addition to opposing state constitutional amendments aimed at blocking gay couples from marriage rights.

I will also ask the legislature to consider passing language authorizing a Constitutional Amendment to allow casino gaming in the State of New York.

«That's a bigger question that involves the potential constitutional overreach including policy language in the budget,» Gianaris said in an interview on State of Politics Live this morning.

The language: «The proposed amendment to Section 14 of Article 3 of the State Constitution would allow electronic distribution of a state legislative bill to satisfy the constitutional requirement that a bill be printed and on the desks of state legislators at least three days before the Legislature votes oState Constitution would allow electronic distribution of a state legislative bill to satisfy the constitutional requirement that a bill be printed and on the desks of state legislators at least three days before the Legislature votes ostate legislative bill to satisfy the constitutional requirement that a bill be printed and on the desks of state legislators at least three days before the Legislature votes ostate legislators at least three days before the Legislature votes on it.

Florida is one of only five states with a constitutional protection for collective bargaining rights, though the language is strangely ambiguous.

The proposed constitutional amendment would strike out language in the state constitution prohibiting the state from aiding or maintaining private schools, according to Emily D....

But however the case is resolved, it serves as an important reminder of the importance of state - specific constitutional language and precedents, the considerable degree of variation in legal rules in our 50 - state federal system, and the continuing power of the local control idea in education law.

To avoid this outcome, a new wave of school - finance litigation has instead endorsed an «adequacy» claim based on state constitutional clauses that exhort the legislature to provide for a «thorough and efficient» (or similar language) system of education.

The US could also adopt a constitutional amendment, similar to section 3 of the Spanish constitution («Castilian is the official Spanish language of the State.

To be constitutional, the practice must allow the possibility of hiring a person not in the racial group, thus they can not require a person to be of a certain ethnicity, which is the situation you describe (but check the language of the ad since it probably states a preference, not a requirement).

In a thoughtful answer to a reader's question related to Roper v. Simmons — namely, why the Missouri Supreme Court invoked the Eighth Amendment, rather than using Missouri's own state constitutional provision of the same language — professor Eugene Volokh weighs in on the effect of 51 bills of rights:

In the choice of the language of the «common constitutional traditions» (Art. 6.3 TEU), the CJEU resorts to a more pluralistic and less identitarian tradition of dialogue, which rather than being read in light of a single legal order, should take into account the pluralism of the constitutional traditions of the various Member States, and be balanced with the ultimate goal of the EU, the achievement of an ever closer Union.

Upon reconsideration, we concluded that, since a constitutional question had been presented in the lower State court, the language of the Order of the Supreme Court of Ohio should be construed as a decision upon the constitutional question.

Accordingly, we hold that, in the absence of a specific appropriation, or a statutory, constitutional, or federal mandate as discussed below, the unambiguous language of Section 230 prohibits the withdrawal of funds from the state treasury.»

By analogy, when a state legislature fails to adopt a redistricting plan that complies with the constitution, which is normally a political question, this failure to act allows a federal court to craft a redistricting plan as a remedy for the failure of the legislature to act, in order to protect the constitutional rights of voters and candidates in future elections, even though no express language of the constitution or statute addresses the remedy when a state legislature fails to pass a redistricting plan.

The Hawaii State Constitutional Convention of 1978 created institutions such as the Office of Hawaiian Affairs to promote indigenous language and culture.