Not exact matches
On June 28, 2012, the
Supreme Court ruled by a 5 — 4 vote in National Federation of Independent Business v. Sebelius that the mandate was
constitutional under the U.S. Congress's taxing
authority.
John Hart Ely writes that the
Supreme Court «is under an obligation to trace its premises to the charter from which it derives its
authority» before it may make any
constitutional pronouncement.
In Roe v. Wade and related decisions, the
Supreme Court has gambled its
authority, and with it our
constitutional order, by coming down on one side of this great conflict.
He carried this bad habit of usurping the Attorney - General's functions into his Presidency which I resisted as the Attorney - General with all the
constitutional authority at my disposal and proved in the
Supreme Court decisions in the Attorney - General, Waterville & Woyome case, and the Attorney - General, Isofoton & Forson case which the White Paper also tries again to bastardize.
Under
Supreme Court
constitutional interpretation, since individual states never had the original sovereign
authority to unilaterally change the terms and conditions of service of federal officials agreed to and established in the Constitution, such a power could not be «reserved» under the Tenth Amendment.
«Is this then not a President (with the Executive
Authority including all policing powers) who is intimidating me simply for exercising my
constitutional right to access to justice before the
Supreme Court?»
Congress exceeded its
constitutional authority when it amended the federal Age Discrimination in Employment Act of 1967 to cover states and their political subdivisions, such as cities and school districts, the U.S.
Supreme Court ruled last week.
Carter Phillips is a voice of
authority in appeals before the US
Supreme Court, calling upon a wealth of accumulated knowledge to advise clients on a broad array of
constitutional issues, administrative law matters and wider commercial disputes.
This seventh and final installment looks at efforts to change state
constitutional grants of rulemaking
authority to courts of last resort, typically called the «
supreme court», or judicial councils.
A
constitutional amendment up for a vote in Arkansas would transfer some judicial rule - making
authority to the legislature, and this would allow the legislature to overturn a 2013 state
supreme court decision to strike down a tort reform law.
For example, an analysis of this concept in the context of random drug testing of students engaged in extracurricular activities where the school's common law
authority is balanced against
constitutional concerns about privacy under the 4th Amendment is found in the U.S.
Supreme Court case Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).
The
authority for the establishment and maintenance of the Bar as an integrated bar association is a 1949 rule of the
Supreme Court based on the Court's
constitutional authority to regulate the practice of law in Florida.
If the
Supreme Court were to act thus it would be asserting an
authority over Parliament that is flatly ruled out by our
constitutional tradition: an assertion of judicial supremacy of this kind would be a coup not a judgment.
Supreme Court Rules on Bankruptcy Courts»
Constitutional Authority, Leaves Key Question Unanswered - Business Restructuring, Creditors» Rights & Bankruptcy Update
Historically,
constitutional authority appointing
Supreme Court judges rests with the federal Cabinet by way of Order in Council.
Commenting on the symposium in a post Monday at SCOTUSBlog, University of Minnesota law professor David Stras questioned whether Congress has the
constitutional authority to force the
Supreme Court to allow cameras.