Sentences with phrase «upheld as constitutional»

Random drug testing for athletic activities was upheld in Vernonia School District 47J v. Acton, and a mandatory extra-curricular drug testing program was upheld as constitutional in Board of Education of Pottawatomie County, Okla. v. Earls.

Two separate tort reform measures, Ohio Revised Code § § 2315.18 and 2315.21 (D), were upheld as constitutional by the Ohio Supreme Court in 2007.

Thus, the concern is whether the new laws offend security of the person and freedom of expression or whether they will be upheld as constitutional (Blaze Carlson and Fines).

I am, however, certain that if conservatives are not hypocrites, they will insist that Cleveland's suburban schools open — rather than, as they have close — their doors to the students whose vouchers, at conservatives» behest, Zelman upheld as constitutional.

WASHINGTON — The inclusion of prayer at a public - school graduation exercise is consistent with the nation's long tradition of invoking God's name during ceremonial events and should be upheld as constitutional, lawyers representing the Bush Administration and a Rhode Island school district told the U.S. Supreme Court last week.

With local stories pouring in each day of the very real ways the Tea Party shutdown is hurting the middle class, it's time Republicans in Congress come to grips with reality that the Affordable Care Act is the law of the land, that it was upheld as constitutional by the U.S. Supreme Court, and that it's working.»

[142]: 916 [143]: 621 If a court concludes that racial considerations predominated, then the redistricting plan is considered «racially gerrymandered» and must be subjected to strict scrutiny, meaning that the redistricting plan will be upheld as constitutional only if it is narrowly tailored to advance a compelling state interest.

The GOP - lead House is set to vote yet again to repeal the Affordable Care Act recently upheld as constitutional by the US Supreme Court.

Whitehead notes that many school districts continue to resist the Equal Access Act, passed by Congress seven years ago and upheld as constitutional by an 8 - to - l vote of the Supreme Court.

Not exact matches

As a federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.»

«The international community must press the Government of Iran to uphold this constitutional obligation, and to respect the right of its citizens to the full enjoyment of freedom of religion or belief, as outlined in the International Covenant on Civil and Political Rights, to which it is signatory.»

«Whether such cases end in conviction or acquittal appears to rest on, firstly, the ability of police or prosecutors to link the defendant with a particular association, and secondly, whether the judge decides to uphold an individual's constitutional right to share beliefs as a private citizen,» Victoria Arnold reported for Forum 18.

He espoused a civil society upheld by, as he saw it, the then pillars of civilisation: constitutional monarchy, state church, and parliament representing the aristocracy.

This constitutional environmental right has been upheld — in one way or another — by several other states such as Illinois, Pennsylvania, Montana, Massachusetts and Rhode Island since the 1970s.

On June 28, 2006, the Supreme Court upheld the statewide redistricting as constitutional, with the exception of Texas» 23rd congressional district, which it held was racially gerrymandered in violation of Section 2 of the 1965 Voting Rights Act, apparently to try to protect a Hispanic Republican representative.

Smyth said the law is flawed and that constitutional rights of gun owners must be upheld while concertgoers such as those who were killed or injured in the Las Vegas shooting must be protected.

But then the President of the Republic of Ghana, who has sworn a constitutional oath of office to uphold and defend the Constitution of Ghana as by law established, grants an interview to the press after the decision of the Court on the same day.

But he upheld the state's cost - based system for funding school operations as constitutional.

On July 23, 2015, the North Carolina Supreme Court upheld all aspects of the state's voucher for children of low - income households, the Opportunity Scholarship Program, as constitutional.

Fund Education Now's Annual Education Report Card gives voters a non-partisan, comprehensive assessment of whether or not the Governor and legislators support and pass policies that uphold their Constitutional duty to Florida's public school children as stated in Article IX, section 1 of the state constitution.

To advocate effectively on behalf of students, principals and teachers must continue to support and uphold the constitutional, civil, and due process rights of all students.Student Achievement Schools should prepare students for the challenges that they will face as they transition from one stage of life to the next by helping students focus on gaining the skills, knowledge, and understandings today that they will need tomorrow.

What stands out in your mind as you read this Constitutional law, which our legislators are sworn to uphold?

HB 21 was drafted in response to a Texas Supreme Court decision last year which upheld the state's funding formula as constitutional, but the judges said it was in need of major reform.

North Carolina must uphold its constitutional commitment guaranteeing post-secondary education is «free as far as practical.»

It's been ten years since the Children's Internet Protection Act — the law that requires public libraries and K - 12 schools to employ internet filtering software in exchange for certain federal funding — was upheld by the U.S. Supreme Court as constitutional.

Every single lawsuit challenging a retail pet sale ordinance has been decided in favor of the cities that have passed the ordinances and courts have upheld the ordinances as constitutional.

This would be a step backwards as the death penalty was abolished in Turkey in 2004 (amendment to Art 38 Constitution) and the Turkish Constitutional Court has upheld the validity of the legislation abolishing it.

What definitely «helped» the ECJ to take the ICC's reservations seriously was the latter's declaration, made in a non-confrontational yet firm manner, that upholding the Taricco I solution would lead to the disapplication by the ICC of the EU law as interpreted by the ECJ, due to its incompliance with Italian constitutional law.

As mentioned, the book is based on the promising, highly ambitious research questions of who should uphold the constitution and how constitutional review is organised.

Also, it discusses insightfully the Dutch and UK legal regimes as «outliers» that insist on upholding the constitution without following the Kelsenian model of a constitutional court, but increasingly feel the external pressure — as do all other Member States — on their constitutional system exercised in particular by EU and ECHR law.

Often, the SCC upholds the amended law as constitutional.

Cathy Kirkman reports in the Silicon Valley Media Law Blog that a California district court upheld the federal anti-bootlegging statute, 17 U.S.C. 1101, as constitutional.

Furthermore, the Court did not undertake the usual steps in a constitutional analysis, i.e. by reviewing whether section 43 breached any of Ernst's Charter rights, and if so, whether it could be upheld as a reasonable limit on those rights under section 1 of the Charter.

As Scalia put it in Rita, ``... there will inevitably be some constitutional violations under a system of substantive reasonableness review, because there will be some sentences that will be upheld as reasonable only because of the existence of judge - found facts.&raquAs Scalia put it in Rita, ``... there will inevitably be some constitutional violations under a system of substantive reasonableness review, because there will be some sentences that will be upheld as reasonable only because of the existence of judge - found facts.&raquas reasonable only because of the existence of judge - found facts.»

several constitutional principles other than the rule of law that have been recognized by this Court — most notably democracy and constitutionalism — very strongly favour upholding the validity of legislation that conforms to the express terms of the Constitution (and to the requirements, such as judicial independence, that flow by necessary implication from those terms).

As a litigator he argued the Lavigne case in the Supreme Court of Canada, which upheld the constitutional validity of the Rand (agency) formula and (contrary to U.S. jurisprudence) confirmed the right of unions to use union dues for political causes.

The Italian constitutional Court has upheld national rules which had been judged by the ECHR as contrary to the Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU system)

The defense, such as it is, boils down to this: As officers of the court, all defense lawyers are really on the government's side, having sworn an oath to uphold a vast, century - old conspiracy to conceal the fact that most aspects of the federal government are illegitimate, including the courts, which have no constitutional authority to bring people to triaas it is, boils down to this: As officers of the court, all defense lawyers are really on the government's side, having sworn an oath to uphold a vast, century - old conspiracy to conceal the fact that most aspects of the federal government are illegitimate, including the courts, which have no constitutional authority to bring people to triaAs officers of the court, all defense lawyers are really on the government's side, having sworn an oath to uphold a vast, century - old conspiracy to conceal the fact that most aspects of the federal government are illegitimate, including the courts, which have no constitutional authority to bring people to trial.

As Gary Trotter, Canada's leading authority on bail, observed at the time of the enactment of these provisions: «If a reverse - onus provision is constitutional with respect to drug trafficking, a provision focused on terrorism is surely to be upheld.

For example, although homeless people were successful in their Charter claim in Victoria (City) v Adams, this judicial bias is evident even in that case — the first to consider the relevance of international human rights law, including concerns and recommendations from the CESCR, to section 7 of the Charter.284 The BC Court of Appeal in Adams upheld the trial judge's decision that the City of Victoria was violating homeless persons» constitutional rights to life, liberty and security of the person by prohibiting them from erecting temporary overhead shelters in public parks.285 However the Court of Appeal was insistent on framing its decision as a negative «restraint» on government, rather than as a positive obligation.

Although doubtlessly supportive of the (strictly dualistic) arguments of the Italian Constitutional Court, the Committee understands the vindication of ICCs through domestic judicial mechanisms as a decentralized enforcement procedure upholding fundamental international norms.