Sentences with phrase «unconstitutional exercise of power»

Not exact matches

Whatever Marbury was supposed to mean about the scope of the power of judicial review, it is a notable fact that the Court declined to exercise that power to declare another act of Congress to be unconstitutional until 1857, when it ruled in the case of Dred Scott v. Sandford.

What we object to is, first, the judicial manufacture of constitutional law to displace without constitutional warrant the duly enacted judgments of the people and their elected representatives, and, second, the idea of judicial supremacy that treats the executive and legislative branches of the federal government as impotent to do anything but bow down before unconstitutional exercises of judicial power, however blatant and destructive of the constitutional order.

This is a patent and cheap unconstitutional exercise of executive power in the name of a White Paper against a political opponent under the letter and spirit of the 1992 Constitution.

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.

«Treating this pipeline facility and company differently than all other regulated projects and entities that operate in Vermont would arguably run afoul of federal pre-emption principles that explicitly bar states from regulating oil pipeline safety; potentially constitute an impermissible attempt to nullify the President's exercise of his foreign affairs power under the U.S. Constitution as reflected in the Presidential Permits issued to Portland Pipe Line and potentially impose an unconstitutional burden on foreign or interstate commerce.»