Sentences with phrase «system unconstitutional»

Rather, they contend that some court might find the system unconstitutional.
Is there some way that the supreme court could rule the president's actions in financial system unconstitutional, and even if they did what would that mean?
Is the Liberal plan to reform the electoral system unconstitutional?
I can't claim to be a scholar of American legal history, but my impression is that in many instances, extra-constitutional reform comes only after the judiciary declares the existing system unconstitutional.
In his ruling, Judge John Dietz found the Texas school finance system unconstitutional.
By July 1996, every Kentucky school must be engaged in local decision making — so proclaimed the Kentucky Education Reform Act, passed in 1990, after the State Supreme Court declared the public education system unconstitutional.
But a Supreme Court decision in 1971 found this system unconstitutional and the passage of Proposition 13 in 1978 lowered the amount of property tax revenue available to schools.
In declaring Connecticut's school funding system unconstitutional, Hartford Superior Court Judge Thomas Moukawsher pronounced universally glowing teacher evaluations «uselessly perfect» and called the state's poor school rating system «little more than cotton candy in a rainstorm.»
The high court found Wyoming's school finance system unconstitutional last year and ordered the legislature to come up with a new one.
A New Jersey judge last week declared the legislature's most recent revision of the state school - finance system unconstitutional because it fails to close the funding gap between poorer and wealthier districts.
[n3] In December, 1971, [n4] the panel rendered its judgment in a per curiam opinion holding the Texas school finance system unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.
The New Jersey Supreme Court last week declared the state's school finance system unconstitutional, striking down a law that sought to break ground nationally by linking funding levels to statewide curriculum standards.
A county circuit court agreed in December to reopen the 1975 case that Judge Arthur Recht finally decided in 1982, ruling the state school system unconstitutional.
Seven months after the Kentucky supreme court held the state's entire school system unconstitutional, a task force is moving toward adoption of a comprehensive reform plan that, supporters say, could propel the state to the forefront of educational innovation.
In New York, for example, some of the largest increases in education aid in the state's history took place between 1995 and 2001, well before the first court decision declaring the system unconstitutional.
First, some of the court decisions on which they rely are not decisions holding the state's school - financing system unconstitutional, but are preliminary decisions in cases not actually decided on their merits until years later.
In 1995, the Wyoming Supreme Court declared the school finance system unconstitutional and ordered it overhauled.
«The caprice of local political conditions can not be permitted to harm the educational opportunity of a child,» the five - member panel wrote in its Sept. 15 report to Franklin Circuit Judge Ray Corns, who declared the current school - aid system unconstitutional last May.
Nearly a year after New Hampshire's highest court declared the school funding system unconstitutional, the legislature has yet to come up with a plan to revamp it.
Courts have in turn deemed school - finance systems unconstitutional in 28 states.
Often reacting to mandates from courts that found local finance systems unconstitutional, states have moved away from funding based primarily on property taxes and have implemented state aid formulas that direct more money to low - income and low - tax - base school districts.
I would like to respectfully disagree with the fundamental premise underlying your statement, «If Blakely is about preferring adversarial to inquisitorial sentencing procedures and if the Framers wanted juries rather than judges to control sentencing, then are indeterminate sentencing systems unconstitutional

Not exact matches

Kali Digital Ecosystems, the company behind upcoming cryptocurrency exchange CoinRecoil had filed a writ petition in the Delhi High Court, calling this move by the government as «unconstitutional», as it violates various articles and acts in the Indian legal system.
One major problem of the American social and political system is the failure of the press, especially television news, to inform the public about the true breadth of the unconstitutional activities of the executive branch.
By law all children have the right to benefit from certain federal programs, but the voucher system — through which funds can be spent to benefit the school, not just the student — is both unconstitutional and poor public policy.
Beginning with Furman v. Georgia (1972), which held that the death penalty as currently applied in the U.S. was unconstitutional, the Supreme Court sought to maintain «a system of «super due process» through which capital defendants could be assured an extra measure of protection from arbitrariness, caprice or emotionalism.»
-LRB-...) since the constitution, unlike many of its European counterparts, does not prescribe proportional representation in elections, no feature of the new electoral system discussed so far appears to be unconstitutional.
Unshackle Upstate recently argued in an anti-public campaign finance system white paper that using public funds for a political purpose would be unconstitutional.
Unless you know something I don't know, combination at - large and representational systems were deemed unconstitutional in 1999, Goosby v. Hempstead by the 2nd Circuit Federal Court of Appeals, as a violation of the 14th Amendment.
Unshackle Upstate, a Rochester - based business group, released a report on Monday opposing such a system, on the grounds that it could be unconstitutional and the cost to taxpayers is unknown.
OSSIEC had announced its plan to conduct the state councils» polls on Saturday, January 27, 2018 but a human right activist, Barrister Kanmi Ajibola approached the court, urging it to declare as unconstitutional and illegal the electoral law which proposed parliamentary system for the exercise.
The NDRC is working to fix this through a comprehensive strategy that includes overturning unconstitutional maps in court, changing the rules to enact a fairer system for drawing maps, building infrastructure and mobilizing tools ahead of the 2021 redistricting process, and gaining power in targeted states by electing more Democrats.
In the paper, researchers point out that a rating system is important because of failed efforts to ban or restrict children's access to violent video games, often ruled unconstitutional by the courts.
Lawmakers also face a state supreme court deadline of March 24 to revise the school aid system, which the court declared unconstitutional a year ago.
The court determined that the funding system rested on an unconstitutional state property tax.
In September 2004, Texas lost a battle in the West Orange - Cove Consolidated ISD v. Nelson case: A district court judge ruled that the state's school finance system was unconstitutional.
The American Civil Liberties Union of Vermont asserts in the case that the finance system is unconstitutional because the state's system of relying on local property taxes creates inequities in the classroom.
The state is appealing the Kansas Supreme Court's ruling in Montoy v. State that its school finance system is unconstitutional.
In 1993, the Alabama Supreme Court ruled in Alabama Coalition for Equity v. Hunt that the state's school finance system was unconstitutional.
The Alabama Supreme Court last week denied Gov. Fob James Jr.'s request that it void a lower - court ruling that had found the state's school system inequitable and unconstitutional.
A state district court judge in Wyoming has said the state's school finance system, which was found unconstitutional in 1995, can be used one more year.
Similarly, in South Carolina, it was in 2005, not 1999, that the courts declared the state's system of school finance unconstitutional.
Late in the morning, Justice Kennedy asked: «Is it unconstitutional for [the State of Ohio] to... have a structure in which different school systems, different curriculums, curriculums that do not inflict terminal boredom on students, can begin to flourish?
A court's ruling that an existing school - finance system is unconstitutional is only the first step toward funding reform.
After U.S. District Judge Richard A. Enslen found that arrangement unconstitutional on Aug. 16, the school system devised an alternate plan for serving private - school children, most of whom attend Roman...
Our basic strategy was to compare changes in funding levels in districts where the state's school - finance system has been ruled unconstitutional to funding changes in comparable districts in states where an SFJ has not been issued.
We did this by comparing changes in funding in school districts where the state's school - finance system has been ruled unconstitutional in a court challenge to funding changes in comparable districts in states where no SFJ has been issued.
The Idaho Supreme Court ruled in 2005 that the state's school finance system was unconstitutional.
Texas created the policy in 1997 after a federal appellate court ruled, in Hopwood v. Texas, that the state's previous affirmative - action system based on racial preferences was unconstitutional.
The lawsuit is the first of what many analysts expect will be numerous legal challenges around the country following a landmark decision in June by a California Superior Court judge who struck down the tenure system there as unconstitutional under state law, saying it unfairly saddled students in high - needs schools with low - performing teachers.
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