Reflections of America in Supreme Court Cases
... he said, “. . . we see reflected, not only our own lives, but the lives of all men that have been.” When the Supreme Court interprets the law and makes constitutional decisions, these decisions are a reflection of the society it serves. “Each case that comes before the [Supreme] Court is a unique sl ...
... he said, “. . . we see reflected, not only our own lives, but the lives of all men that have been.” When the Supreme Court interprets the law and makes constitutional decisions, these decisions are a reflection of the society it serves. “Each case that comes before the [Supreme] Court is a unique sl ...
the supreme common law court of the united states
... The Court has seized control of areas of the law that have traditionally been the domain of the states and has imposed federal norms created for that purpose. The Court has also applied interpretive methods, in both constitutional and non-constitutional cases, that draw from traditional common law ...
... The Court has seized control of areas of the law that have traditionally been the domain of the states and has imposed federal norms created for that purpose. The Court has also applied interpretive methods, in both constitutional and non-constitutional cases, that draw from traditional common law ...
State Law Independence and the Adequate and Independent State
... also Developments in the Law, supra note 28, at 1340 (arguing that increased Supreme Court scrutiny of the independence of state court decisions dilutes nonfederal grounds doctrine); Address by Hon. Sandra D. O'Connor, The National Judicial College, Reno, Nev. (May 13, 1983), quoted in State v. Kenn ...
... also Developments in the Law, supra note 28, at 1340 (arguing that increased Supreme Court scrutiny of the independence of state court decisions dilutes nonfederal grounds doctrine); Address by Hon. Sandra D. O'Connor, The National Judicial College, Reno, Nev. (May 13, 1983), quoted in State v. Kenn ...
chapter ix
... Art. 311 (2) of the Constitution or rule 19(i) of the CCS (CC&A) Rules, 1965 or any other service rule similar to it, the first prerequisite is that the disciplinary authority should be aware that a government servant has been convicted on a criminal charge. But this awareness alone will not suffice ...
... Art. 311 (2) of the Constitution or rule 19(i) of the CCS (CC&A) Rules, 1965 or any other service rule similar to it, the first prerequisite is that the disciplinary authority should be aware that a government servant has been convicted on a criminal charge. But this awareness alone will not suffice ...
The Constitution in the Supreme Court: The New Deal, 1931-1940
... demolish President Roosevelt's New Deal and appeared to revitalize substantive limitations on state law as well.9 None of these decisions, perhaps, was actually inconsistent with what the Court had done before. Several were joined not only by Roberts but by Hughes as well. The most notorious of them ...
... demolish President Roosevelt's New Deal and appeared to revitalize substantive limitations on state law as well.9 None of these decisions, perhaps, was actually inconsistent with what the Court had done before. Several were joined not only by Roberts but by Hughes as well. The most notorious of them ...
State v. Robinson: Free Speech, Or Itchin` for a Fight?
... 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States"); see also U.S. CONST. amend. XIV, § 1 ("[nlo State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive ...
... 'liberties' protected by the due process clause of the Fourteenth Amendment from impairment by the States"); see also U.S. CONST. amend. XIV, § 1 ("[nlo State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive ...
THE DUBIOUS ORIGIN OF THE FOURTEENTH AMENDMENT*
... it is significant that Article V, as evolved and adopted, contains a safeguard against what Mason apprehended—a power in Congress to completely block an amendment proposal. This safeguard against possible Congressional obstruction appears in the provision that two-thirds of the States may by-pass a ...
... it is significant that Article V, as evolved and adopted, contains a safeguard against what Mason apprehended—a power in Congress to completely block an amendment proposal. This safeguard against possible Congressional obstruction appears in the provision that two-thirds of the States may by-pass a ...
The Rule that Proves the Exception: A Constitutional State of
... moment. Considering the fact that the Constitution has given them virtually no guidance, our judges have done an admirable job in attempting to answer these very difficult and often timesensitive questions. However, in periods of national emergency—perhaps more visibly than at any other juncture—jud ...
... moment. Considering the fact that the Constitution has given them virtually no guidance, our judges have done an admirable job in attempting to answer these very difficult and often timesensitive questions. However, in periods of national emergency—perhaps more visibly than at any other juncture—jud ...
Course Orientation - NYU School of Law
... competence of a non-elected branch of government over those elected by the people? b. Court skeptic challenge (Thayer/Jefferson) i. Believes courts are defective in protecting human rights, politics or insurrection are better protectors ii. Courts should only use judicial review when necessary to ke ...
... competence of a non-elected branch of government over those elected by the people? b. Court skeptic challenge (Thayer/Jefferson) i. Believes courts are defective in protecting human rights, politics or insurrection are better protectors ii. Courts should only use judicial review when necessary to ke ...
Scoring Key, Part I and Rating Guide Part II - Thematic
... of the Supreme Court in American history. The judicial branch as outlined in Article III of the Constitution had a specific role in government but the powers of the court were largely undefined. The Marbury case came at a time when the two-party system was emerging. In 1801, Secretary of State Madis ...
... of the Supreme Court in American history. The judicial branch as outlined in Article III of the Constitution had a specific role in government but the powers of the court were largely undefined. The Marbury case came at a time when the two-party system was emerging. In 1801, Secretary of State Madis ...
RTF format
... failed to give due consideration to their objections, raised in the two letters by Mr Herman and that they had consequently failed to have regard to the unlawful features of the plans that were pointed out to them. The procedural objection will be best understood against the background of the statut ...
... failed to give due consideration to their objections, raised in the two letters by Mr Herman and that they had consequently failed to have regard to the unlawful features of the plans that were pointed out to them. The procedural objection will be best understood against the background of the statut ...
Judicial Activism: The Indian Experience
... principles of individual liberty emerged from the decisions of the courts. The English courts did not hold the acts of Parliament invalid; however, in the British colonies, judicial review of legislative acts has always been in vogue. Colonial legislatures, unlike the British Parliament, were not su ...
... principles of individual liberty emerged from the decisions of the courts. The English courts did not hold the acts of Parliament invalid; however, in the British colonies, judicial review of legislative acts has always been in vogue. Colonial legislatures, unlike the British Parliament, were not su ...
Money in Politics: Developing a Common Understanding of the Issues
... Money and politics have always been intertwined in our nation’s history. The Constitution itself was the result of negotiations among powerful representatives of the different moneyed interests in the Colonies. Among the resulting compromises, for example, the franchise was initially extended only t ...
... Money and politics have always been intertwined in our nation’s history. The Constitution itself was the result of negotiations among powerful representatives of the different moneyed interests in the Colonies. Among the resulting compromises, for example, the franchise was initially extended only t ...
Document
... manner anymore? In our opinion, the best we can be looking forward to is the behaviour of the subject based on the requirements the subject creates for his own system of values. However it is more likely that this behaviour will be influenced by personal, political or conjuncture benefits, because w ...
... manner anymore? In our opinion, the best we can be looking forward to is the behaviour of the subject based on the requirements the subject creates for his own system of values. However it is more likely that this behaviour will be influenced by personal, political or conjuncture benefits, because w ...
NATIONAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIM
... [25] The Minister and National Director filed their notice of opposition two days late, and their written submissions nineteen days late. The NSPCA filed their written submissions two days late. The explanations given for the NSPCA’s delay, and for the respondents’ first lapse in filing their notice ...
... [25] The Minister and National Director filed their notice of opposition two days late, and their written submissions nineteen days late. The NSPCA filed their written submissions two days late. The explanations given for the NSPCA’s delay, and for the respondents’ first lapse in filing their notice ...
Delgamuukw Guide for New Relationship
... Let us face it, we are all here to stay. With those wise words, the Supreme Court of Canada's Delgamuukw decision sent a clear message to the Crown to embark on new relations with First Nations. The decision is unequivocal. It removes any doubt about the presence and nature of aboriginal title and a ...
... Let us face it, we are all here to stay. With those wise words, the Supreme Court of Canada's Delgamuukw decision sent a clear message to the Crown to embark on new relations with First Nations. The decision is unequivocal. It removes any doubt about the presence and nature of aboriginal title and a ...
The Seven Pillars of Centralism: Federalism and the Engineers` Case
... “We must find what the Commonwealth powers are before we can say what the State powers are. The Federal Parliament has certain specific gifts; the States have the residue”.37 The specific-grant-then-residue approach belongs in the interpretation of wills, not Constitutions. A similarly unhelpful bor ...
... “We must find what the Commonwealth powers are before we can say what the State powers are. The Federal Parliament has certain specific gifts; the States have the residue”.37 The specific-grant-then-residue approach belongs in the interpretation of wills, not Constitutions. A similarly unhelpful bor ...
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... BAFFOUR [2005-2006] SCGLR 121, the Supreme Court held, per Wood JSC (as she then was) quoting from the judgment of Lord Diplock at page 949 of the report in the case of COUNCIL OF CIVIL SERVICE UNIONS AND OTHERS v. MINISTER FOR THE CIVIL SERVICE [1984] 3 All. ER 935 of the ambit of judicial review n ...
... BAFFOUR [2005-2006] SCGLR 121, the Supreme Court held, per Wood JSC (as she then was) quoting from the judgment of Lord Diplock at page 949 of the report in the case of COUNCIL OF CIVIL SERVICE UNIONS AND OTHERS v. MINISTER FOR THE CIVIL SERVICE [1984] 3 All. ER 935 of the ambit of judicial review n ...
In re Gault and the Privilege Against Self
... of law is applicable to such proceedings, holding that the Arizona Juvenile Code is to be read as "impliedly" implementing the "due process concept." It then proceeded to identify and describe "the particular elements which constitute due process in a juvenile hearing," concluding that the proceedin ...
... of law is applicable to such proceedings, holding that the Arizona Juvenile Code is to be read as "impliedly" implementing the "due process concept." It then proceeded to identify and describe "the particular elements which constitute due process in a juvenile hearing," concluding that the proceedin ...
28 US Code § 88 - District of Columbia
... in character in order to establish malfeasance in office. One act of malfeasance alone can be grounds for removal of a public official, and willful action is not specifically required. Where removal proceedings against a lay public officer on charges of malfeasance in office arise from his or her er ...
... in character in order to establish malfeasance in office. One act of malfeasance alone can be grounds for removal of a public official, and willful action is not specifically required. Where removal proceedings against a lay public officer on charges of malfeasance in office arise from his or her er ...
Readings on Evenwel v. Abbott: • Garrett Epps, One Person, One
... percent; but in their “citizen voting-age population,” or CVAP, the variation can be as high as 50 percent. In their appeal to the Court, the aggrieved voters note that “in Texas, large numbers of non-voters swell the population of certain geographic locations.” The Cato Institute, in a brief urgi ...
... percent; but in their “citizen voting-age population,” or CVAP, the variation can be as high as 50 percent. In their appeal to the Court, the aggrieved voters note that “in Texas, large numbers of non-voters swell the population of certain geographic locations.” The Cato Institute, in a brief urgi ...
2. Treaties and Other International Agreements
... the Constitution, denies the United States these powers which countries generally have under international law. But the Constitution tells us only who can make treaties for the United States; it does not say who can unmake them. ...
... the Constitution, denies the United States these powers which countries generally have under international law. But the Constitution tells us only who can make treaties for the United States; it does not say who can unmake them. ...
SUPREME COURT OF THE UNITED STATES PETITION FOR A
... Opinions Of This Court. On February 28, 2003, in a split opinion, the Ninth Circuit issued an opinion holding that the EGUSD’s policy of teacher-led recitation of the Pledge is unconstitutional. See App., pp. 1-24. In reaching this decision, the majority panel impliedly found that the Pledge is unco ...
... Opinions Of This Court. On February 28, 2003, in a split opinion, the Ninth Circuit issued an opinion holding that the EGUSD’s policy of teacher-led recitation of the Pledge is unconstitutional. See App., pp. 1-24. In reaching this decision, the majority panel impliedly found that the Pledge is unco ...
Primus - NYU School of Law
... d. (Why written? To prevent conflicts over its contents.) 4. Constitutional Law is the law of gov’t, and includes 3 relationships: a. Federal/state b. Intra-branch c. Gov’t/individual ii. Federalism & Separation of Powers 1. Articles of Confederation (1777) (P6) a. Created for common defense. b. Thi ...
... d. (Why written? To prevent conflicts over its contents.) 4. Constitutional Law is the law of gov’t, and includes 3 relationships: a. Federal/state b. Intra-branch c. Gov’t/individual ii. Federalism & Separation of Powers 1. Articles of Confederation (1777) (P6) a. Created for common defense. b. Thi ...
Exclusion is Forever: How Keeping Rights to Strike, Picket, and
... This is true of any constitutional right, of course, but there are—we also agree-particular problems with a constitutional right to strike. Unlike most constitutional rights, the strike exists for the sole purpose of causing economic harm to another. The strike is not the only member of this class. ...
... This is true of any constitutional right, of course, but there are—we also agree-particular problems with a constitutional right to strike. Unlike most constitutional rights, the strike exists for the sole purpose of causing economic harm to another. The strike is not the only member of this class. ...
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.