Interpreting the Illinois Constitution: Illinois Supreme Court Plays
... corresponds, in every rational import of the terms, with the idea of a federal government."). This principle has been recognized and repeatedly reaffirmed by the United States Supreme Court. See, e.g., Adamson v. California, 332 U.S. 46 (1947) (although under the fifth amendment, a criminal defendan ...
... corresponds, in every rational import of the terms, with the idea of a federal government."). This principle has been recognized and repeatedly reaffirmed by the United States Supreme Court. See, e.g., Adamson v. California, 332 U.S. 46 (1947) (although under the fifth amendment, a criminal defendan ...
PDF - UNT Digital Library
... his prepaied address at the last minute, for it undoubtedly contained his beliefs as to which official or branch of government decided the constitutionality of acts passed by Congress. ...
... his prepaied address at the last minute, for it undoubtedly contained his beliefs as to which official or branch of government decided the constitutionality of acts passed by Congress. ...
The Second Death of Substantive Due Process
... its prior decisions, to accept the challenger's claim that the prohibited sexual conduct was constitutionally protected. Deviating sharply from the Court's own precedents, Bowers necessarily works to undercut the theoretical underpinnings of the modern Court's substantive due process doctrine. Shorn ...
... its prior decisions, to accept the challenger's claim that the prohibited sexual conduct was constitutionally protected. Deviating sharply from the Court's own precedents, Bowers necessarily works to undercut the theoretical underpinnings of the modern Court's substantive due process doctrine. Shorn ...
Conscientious Objection and the First Amendment
... "essentially political, sociological, or philosophical views, or a merely personal moral code." Instead of seeing this latter limitation as Congress' attempt to define what belief in "a relation to a Supreme Being" was not, the Court pulled a quick switch. It explained that once it is determined tha ...
... "essentially political, sociological, or philosophical views, or a merely personal moral code." Instead of seeing this latter limitation as Congress' attempt to define what belief in "a relation to a Supreme Being" was not, the Court pulled a quick switch. It explained that once it is determined tha ...
Courting Disaster: Looking for Change in All the
... that the Fourteenth Amendment was concerned with state action, and the open and ongoing creation of an apartheid system in Louisiana and other Southern states, it should have been easy for the Court to hold the law unconstitutional. The Court did find the case easy; it upheld the constitutionality o ...
... that the Fourteenth Amendment was concerned with state action, and the open and ongoing creation of an apartheid system in Louisiana and other Southern states, it should have been easy for the Court to hold the law unconstitutional. The Court did find the case easy; it upheld the constitutionality o ...
Hallows Lecture - Marquette Law Scholarly Commons
... E. Harold Hallows, who served on the Wisconsin Supreme Court from 1958 to 1974 (and as chief justice during the last six of those years) and who for almost three previous decades was a lawyer in Milwaukee and a professor of law at Marquette University. 1. 319 U.S. 624 (1943). 2. 310 U.S. 586, 600 (1 ...
... E. Harold Hallows, who served on the Wisconsin Supreme Court from 1958 to 1974 (and as chief justice during the last six of those years) and who for almost three previous decades was a lawyer in Milwaukee and a professor of law at Marquette University. 1. 319 U.S. 624 (1943). 2. 310 U.S. 586, 600 (1 ...
Minnesota Rate Cases - Berkeley Law Scholarship Repository
... restriction by virtue of the fact that the exercise of such authority may indirectly affect rates established by the carriers for related interstate traffic. On the other hand, the court commits itself to the view (2) that it is competent for Congress, under the commerce clause, to assert authority ...
... restriction by virtue of the fact that the exercise of such authority may indirectly affect rates established by the carriers for related interstate traffic. On the other hand, the court commits itself to the view (2) that it is competent for Congress, under the commerce clause, to assert authority ...
United States Constitution
... completed in early 1781. Under the Articles of ConfedU.S. Constitution are written on parchment.[6] eration, the central government’s power was kept quite The Constitution is interpreted, supplemented, and im- limited. The Confederation Congress could make deciplemented by a large body of constituti ...
... completed in early 1781. Under the Articles of ConfedU.S. Constitution are written on parchment.[6] eration, the central government’s power was kept quite The Constitution is interpreted, supplemented, and im- limited. The Confederation Congress could make deciplemented by a large body of constituti ...
Montana Becomes Third U - American Bar Association
... accomplished by legislation. Plaintiff Robert Baxter died the same day the trial court issued its opinion. ...
... accomplished by legislation. Plaintiff Robert Baxter died the same day the trial court issued its opinion. ...
volume xvii
... judgements of my learned brothers, in my opinion, approximates the test of or if the same is capsulized, amounts to, what is broadly called, ‘sufficient interest’. Any person other than an officious intervenor or a wayfarer without any interest or concern beyond what belongs to any of the 120 millio ...
... judgements of my learned brothers, in my opinion, approximates the test of or if the same is capsulized, amounts to, what is broadly called, ‘sufficient interest’. Any person other than an officious intervenor or a wayfarer without any interest or concern beyond what belongs to any of the 120 millio ...
Basic Constitutional Analysis - Santa Clara Law Digital Commons
... action that harmed the client violated any constitutional limit." The task of the lawyer is to examine the government action, characterize it, and then scan the list of constitutional limits to determine which limits are arguably applicable." For each limit that appears applicable, the lawyer should ...
... action that harmed the client violated any constitutional limit." The task of the lawyer is to examine the government action, characterize it, and then scan the list of constitutional limits to determine which limits are arguably applicable." For each limit that appears applicable, the lawyer should ...
Baker V State and the Promise of the New Judicial Federalism
... concurring justices' approaches to the task of interpreting the Common Benefits Clause: rather than accounting for the decision simply by citing to the opinions of other courts, or by choosing to follow one or another of the competing lines of development in federal cases— between, say, the majority ...
... concurring justices' approaches to the task of interpreting the Common Benefits Clause: rather than accounting for the decision simply by citing to the opinions of other courts, or by choosing to follow one or another of the competing lines of development in federal cases— between, say, the majority ...
Felony and Mormon Disenfranchisement in the US West
... crucial case in the history of felony and Mormon disenfranchisement. Writing on behalf of a unanimous U.S. Supreme Court, Justice Stanley Matthews ruled the Edmunds Act, and the test oath created under its auspices, constitutional. Matthews held that cohabitation was not a necessary or sufficient st ...
... crucial case in the history of felony and Mormon disenfranchisement. Writing on behalf of a unanimous U.S. Supreme Court, Justice Stanley Matthews ruled the Edmunds Act, and the test oath created under its auspices, constitutional. Matthews held that cohabitation was not a necessary or sufficient st ...
Michigan Attorney General - umich diversity
... Paul Sweezy, a lecturer at the university, had been violated when he was jailed for contempt after refusing on First Amendment grounds to cooperate with the State's investigation into subversive activities. In finding an invasion of Sweezy's liberties, Chief Justice Warren, who issued the decision o ...
... Paul Sweezy, a lecturer at the university, had been violated when he was jailed for contempt after refusing on First Amendment grounds to cooperate with the State's investigation into subversive activities. In finding an invasion of Sweezy's liberties, Chief Justice Warren, who issued the decision o ...
Vicissitudes and Limitations of the Doctrine of Basic Structure
... basic structure, the constitutional situation in the country had become chaotic and that every constitutional amendment was being challenged in various high courts all over the country and nobody, including the Supreme Court was sure of what the basic structure of the Constitution actually was. On b ...
... basic structure, the constitutional situation in the country had become chaotic and that every constitutional amendment was being challenged in various high courts all over the country and nobody, including the Supreme Court was sure of what the basic structure of the Constitution actually was. On b ...
July 8, 2015 - Maryland Courts
... for a New Trial,” in which he made three contentions: 1) that the court’s findings were clearly erroneous; 2) that he should be granted a new trial because one of his witnesses had been under subpoena, but had failed to appear at the April 9 hearing; and 3) “Items 7 and 8 on the Final Protective Ord ...
... for a New Trial,” in which he made three contentions: 1) that the court’s findings were clearly erroneous; 2) that he should be granted a new trial because one of his witnesses had been under subpoena, but had failed to appear at the April 9 hearing; and 3) “Items 7 and 8 on the Final Protective Ord ...
Relevance of Legislative Facts in Constitutional Law
... justice, to legitimate governmental power when the public interest demands the exercise of that power, and to protect constitutional rights against needless incursions by government or, in some cases, individuals. Accordingly the federal government's postwar policy of active protection of civil righ ...
... justice, to legitimate governmental power when the public interest demands the exercise of that power, and to protect constitutional rights against needless incursions by government or, in some cases, individuals. Accordingly the federal government's postwar policy of active protection of civil righ ...
the constitutional court of the republic of lithuania
... Department of the Office of the Seimas, approving of the written explanations provided by E. Švilpaitė and V. Račkauskienė, were received. According to the representatives of the party concerned, the impugned provisions of the Law are not in conflict with the Constitution and their position is groun ...
... Department of the Office of the Seimas, approving of the written explanations provided by E. Švilpaitė and V. Račkauskienė, were received. According to the representatives of the party concerned, the impugned provisions of the Law are not in conflict with the Constitution and their position is groun ...
William and Mary Law Review
... economic aspects of American life. Nevertheless, the more controversial and central the topics that a Justice takes on, the more likely it is that he or she will hit upon something that is lasting. In Marshall’s case, he hit the jackpot in Marbury, McCulloch, and Gibbons. Judicial review, the scope ...
... economic aspects of American life. Nevertheless, the more controversial and central the topics that a Justice takes on, the more likely it is that he or she will hit upon something that is lasting. In Marshall’s case, he hit the jackpot in Marbury, McCulloch, and Gibbons. Judicial review, the scope ...
Takings, Substantive Due Process, and Regulatory Takings Doctrines
... more closely (i.e., giving less deference to legislative judgments) when the claim speaks to a fundamental right guaranteed by the constitution (e.g., a regulation that allegedly suppresses political speech or that was motivated by racial discrimination). Conversely, it scrutinizes a governmental ac ...
... more closely (i.e., giving less deference to legislative judgments) when the claim speaks to a fundamental right guaranteed by the constitution (e.g., a regulation that allegedly suppresses political speech or that was motivated by racial discrimination). Conversely, it scrutinizes a governmental ac ...
constitutional-court-2004-3
... petitioned this court for a declaration to that effect. In our judgment these are the type of actions envisaged by article 137 (3)(b). He is not stating as a fact that he has a definite right that should be enforced. He is alleging that the conduct of the Law Council has violated his rights guarante ...
... petitioned this court for a declaration to that effect. In our judgment these are the type of actions envisaged by article 137 (3)(b). He is not stating as a fact that he has a definite right that should be enforced. He is alleging that the conduct of the Law Council has violated his rights guarante ...
- Chanakya IAS Academy
... Topic: Indian polity. Constitution, Governance, judiciary, Judicial Review , Judicial Activism, Judicial Overreach. Intro: The Supreme Court‟s ruling that the national anthem should be played in all cinema halls and that everyone should stand up to show respect to it is wrong in many ways. In the fi ...
... Topic: Indian polity. Constitution, Governance, judiciary, Judicial Review , Judicial Activism, Judicial Overreach. Intro: The Supreme Court‟s ruling that the national anthem should be played in all cinema halls and that everyone should stand up to show respect to it is wrong in many ways. In the fi ...
the americanization of constitutional law and its
... Men being by nature all free, equal, and independent, no one can be put out of this state and subjected to the political power of another without his own consent. The only way one divests himself of his natural liberty and puts on the bonds of civil society is by agreeing with other men to join and ...
... Men being by nature all free, equal, and independent, no one can be put out of this state and subjected to the political power of another without his own consent. The only way one divests himself of his natural liberty and puts on the bonds of civil society is by agreeing with other men to join and ...
Judicial Review and Its Politicization in Central America: Guatemala
... JudicialReview: The Perils of PopularConstitutionalism, 2004 U. ILL. L. REV. 673. See Mark A. Garber, Foreword: From the CountermajoritarianDifficulty to Juristocracyand the Political Construction of Judicial Power, 65 MD. L. REV. 1 (2006) (Explaining that In the United States of America, the relati ...
... JudicialReview: The Perils of PopularConstitutionalism, 2004 U. ILL. L. REV. 673. See Mark A. Garber, Foreword: From the CountermajoritarianDifficulty to Juristocracyand the Political Construction of Judicial Power, 65 MD. L. REV. 1 (2006) (Explaining that In the United States of America, the relati ...
Constitutional Court of Thailand
The Constitutional Court (Thai: ศาลรัฐธรรมนูญ; rtgs: San Rattha Thammanun; Thai pronunciation: [sǎːn•rat•tʰà•tʰam•má•nuːn]) is an independent Thai court originally founded under the 1997 Constitution with jurisdiction over the constitutionality of parliamentary acts, royal decrees, draft legislation, as well as the appointment and removal of public officials and issues regarding political parties. The current court was established by the 2007 Constitution and is part of the judicial branch of the Thai national government.The court, along with the 1997 Constitution, was dissolved and replaced by a Constitutional Tribunal in 2006 following the coup d'État. While the Constitutional Court had 15 members, 7 from the judiciary and 8 selected by a special panel, the Constitution Tribunal had 9 members, all from the judiciary. A similar institution, consisting of 9 members, was again established by the 2007 Constitution.The Constitutional Court has provoked much public debate, both regarding the court's jurisdiction and composition as well as the initial selection of justices. A long-standing issue has been the degree of control exerted by the judiciary over the court.The decisions of the court are final and inappealable. The decisions also bind every state organ, including the National Assembly, the Council of Ministers and other courts.The various versions of the court have made several significant decisions. These included the 1999 decision that deputy minister of agriculture Newin Chidchop could retain his cabinet seat after being sentenced to imprisonment for defamation, the 2001 acquittal of Thaksin Shinawatra for filing an incomplete statement regarding his wealth, with the National Anti-Corruption Commission, the 2003 invalidation of Jaruvan Maintaka appointment as auditor-general, the 2007 dissolution of the Thai Rak Thai political party, and the 2014 removal of prime minister Yingluck Shinawatra from office.