Sentences with phrase «state constitutional protections»

New Jersey's highest court has considered whether state constitutional protections for free speech apply to a private homeowners» association enforcement of its rules and regulations against fellow homeowners.

Many of these states even include greater state constitutional protections for a woman's right to choose than the federal Constitution.

No state constitutional protections.

The court sided with the government's argument that federal law trumps state constitutional protections of retirement funds when it comes to forfeiture.

Not exact matches

Danielle Keats Citron, a law professor at the University of Maryland, states in the New York Times, «Hateful, offensive and distasteful ideas enjoy constitutional protection.»

Washington state argued that it violated constitutional protections against religious discrimination.

Constitutional Amendment 14 (this one specifically applies to Pan's Bill): ``... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.»

While I don't object to a constitutional amendment that would extend special protection to unborn persons - especially since such an amendment would presumably lodge protection for the unborn beyond the discretion of partisan courts, and also dispose of any potential problems with respect to state action - such an amendment is constitutionally superfluous.

When any religion, in this case islam, espouses ideas that are in direct conflict with the Constitution and openly work to impose an alien political / religious system called sharia on the United States, at some point the right to claim constitutional protection is lost.

The statement suggested two legal remedies: first, the Supreme Court could reverse Roe, returning the issue to the states; second, the nation could pass a constitutional amendment that would extend Fifth and Fourteenth Amendment due process protection to unborn persons.

Its curators» decisions to display particular objects, such as the Artifact, in the Museum are not state actions to which Constitutional protections apply.»

The decision on Friday will open marriage legally in the remaining fourteen states, and will give new legal protection for those who got married under court rulings that actually could not be considered truly final until the Supreme Court itself had decided the constitutional question.

Virtually the entire Bill of Rights has now been applied against the states, achieving three revolutionary results at once: 1) The original understanding of federalism has been obliterated, so that the states exercise their power now largely at the sufferance of the Supreme Court; 2) The Due Process and Equal Protection clauses of Section 1 have become a kind of witches» cauldron from which an exotic brew of postmodern nostrums has been fed into the bloodstream of the political culture; 3) The Supreme Court has successfully arrogated to itself more or less exclusive powers of constitutional interpretation.

If one took the majority's assertions seriously, as Scalia's dissent noted, state constitutional provisions prohibiting polygamy would violate the equal protection principle.

Having referred to the constitutional protection given in earlier cases to «personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education,» the opinion stated:

A group of constitutional law and government professors have signed on to a letter outlining why they back a constitutional convention, arguing that holding one will positively restructure state government and expand protections for the environment and local governments.

91 Per David Lammy MP (Parliamentary Under - Secretary of State for Constitutional Affairs): «The protection has been given to the Church in Wales, at its request, but the Church of England has said clearly that it does not want it.»

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.

Without this constitutional protection, state and local pension funds could be raided like a piggybank to pay for other obligations.

Samuels is pursuing a constitutional convention and the passage of a slate of amendments to the state's governing document that range from election and campaign finance reforms, environmental protections and equal rights.

Labor unions are leading the fight against a New York ballot measure to hold a constitutional convention, arguing that it's just too risky to tinker with the state's governing document and threaten existing protections for worker's compensation, unemployment benefits and collective bargaining.

The suits claim the state violated CSEA - represented employees» constitutional rights to freedom of speech, freedom of association, due process and equal protection of the law when, during contract negotiations, it threatened to and did in fact, lay off CSEA represented workers, while sparing all management employees and political appointees.

New York Governor Andrew Cuomo told a crowd of cheering Planned Parenthood advocates that he's proposing a constitutional Amendment to put the protections in the Supreme Court decision Roe v. Wade into the state's constitution.

ALBANY, N.Y. (WBEN / AP)-- Labor unions are leading the fight against a New York ballot measure to hold a constitutional convention, arguing that it's just too risky to tinker with the state's governing document and threaten existing protections for worker's compensation, unemployment benefits and...

In Illinois, another state with a constitutional protection for government - worker pensions, the governor recently signed legislation that would raise the retirement age for mid-career workers and reduce cost - of - living adjustments for all workers who have not yet retired.

Lawyers for Minnesota's public - employee unions say that state's law, passed last December to help close a $ 312 - million budget deficit, is unconstitutional because it abrogates the workers» constitutional claims to contract and equal - protection rights.

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

The commission, a 37 - member group that meets every 20 years to consider changes to the state constitution, has been holding a series of public hearings on the school plan and other proposals, including one to provide constitutional protection for affirmative action programs.

In a big victory for gay rights, the U.S. Supreme Court last week struck down a Colorado constitutional amendment that invalidated state and local legal protections for homosexuals.

Because states like Illinois have constitutional protections that lock in benefits for existing workers, the only way for state and local governments to address funding problems is to target new workers.

Regarding the first two groups, without running afoul of constitutional protections, states can curtail retiree health care, as Wisconsin and Ohio did, which frees up some resources to apply to immutable pension obligations.

It was timely, then, when in 2014 Campbell Brown and the Partnership for Educational Justice brought a suit called Wright v. New York that «was inspired by a California court decision a few months earlier, when a judge ruled the state's tenure protections denied California's students their constitutional right to a sound and basic education.»

that «was inspired by a California court decision a few months earlier, when a judge ruled the state's tenure protections denied California's students their constitutional right to a sound and basic education.»

The far - reaching question underlying the case is whether state constitutional provisions that strictly bar government aid to religion violate religious freedom protections in the First Amendment.

ACLU - CT, David McGuire primarily focused on civil liberties protections for students in regards to baseless searches and seizures of students» personal electronic devices and passwords citing «the patchwork of unequal privacy policies» used in districts around the state, urging the committee to expand protections in the bill that would uphold students Constitutional 14th amendments rights.

The President of Slovakia uses various vehicles from the Office for the Protection of Constitutional Officials and Diplomatic Missions which has more than 230 cars for the president, prime minister, ministers and state visits.

Instead, it gives constitutional protection to corporations who profit off industrial farming, entrusting them, and not local and state officials, to decide what's best for Oklahomans» public welfare.

In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).

These frameworks attempt to circumvent national constitutional or human rights protections governing interferences with the right to privacy of communications that, States purport, apply only to nationals or those within their territorial jurisdiction.

The majority opinion of Justice Stewart was specifically approved by a unanimous Supreme Court of Canada in Hunter v Southam Inc., [1984] 2 SCR 145 where Justice Brian Dickson held, at p. 159, that s. 8 of the Charter containing the constitutional protection against unreasonable search and seizure is not restricted to the protection of property or associated with the law of trespass, at p. 159: «[I] n Katz... Stewart J. delivering the majority opinion of the United States Supreme Court declared at p. 351 that «the Fourth Amendment protects people, not places».

Essentially, the national court asks whether Simmenthal II applies to the ECHR now that article 6 (3) TEU states that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law&rstates that «Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law&rStates, shall constitute general principles of the Union's law».

«Protection of reputation should be declared a stand - alone constitutional right under section 7 of the Charter, subject to the same vicissitudes as freedom of expression, namely, the further removed from its core value, the less worthy of protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court Protection of reputation should be declared a stand - alone constitutional right under section 7 of the Charter, subject to the same vicissitudes as freedom of expression, namely, the further removed from its core value, the less worthy of protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court protection,» states Timothy Danson, lead counsel for the doctor, in written submissions filed with the Court of Appeal.

In addition, he states that «a concept demanding protection for a fundamental right must not be confused with an attack on the national identity or, more specifically the national constitutional identity of a Member State.»

Legal challenges involve aspects of state constitutional law — separation of powers, due process, equal protection and, prominently of late, the right to trial by jury.

This the Court achieved by claiming that the principle of effective judicial protection constitutes a «a general principle of EU law stemming from the constitutional traditions common to the Member States», enshrined in Articles 6 and 13 of the ECHR and «reaffirmed» by Article 47 of the Charter (para. 35).

The constitutional protection afforded people in the United States for freedom of association is protection from interference by the government and its agents.

The personal property must be exempt (1) under Florida Statute 732.402 or (2) constitutionally exempt from creditor's claims under state constitutional provisions (i.e., homestead protections).

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.

The Court of Justice reached this decision, which was highly controversial, after conducting a review of the scope of the protection afforded to communications with in - house counsel across the member states of the EU, and finding there not to be a sufficiently broad consensus on this point to justify the extension of the privilege, given that it was identified as being one of the fundamental principles of law common to the constitutional traditions of the member states.

'' [A] s the manifest purpose of the constitutional provisions, both of the states and of the United States, is to prohibit the compelling of testimony of a self - incriminating kind from a party or a witness, the liberal construction which must be placed upon constitutional provisions for the protection of personal rights would seem to require that the constitutional guaranties, however differently worded, should have as far as possible the same interpretation...&states and of the United States, is to prohibit the compelling of testimony of a self - incriminating kind from a party or a witness, the liberal construction which must be placed upon constitutional provisions for the protection of personal rights would seem to require that the constitutional guaranties, however differently worded, should have as far as possible the same interpretation...&States, is to prohibit the compelling of testimony of a self - incriminating kind from a party or a witness, the liberal construction which must be placed upon constitutional provisions for the protection of personal rights would seem to require that the constitutional guaranties, however differently worded, should have as far as possible the same interpretation...»