courts as change agents
... of them could be amended through popular majoritarian votes and all of them could be amended more easily than the federal charter. Over the last three-quarters of a century, two developments altered the comparative advantages of the national and state governments when it comes to taking the lead on ...
... of them could be amended through popular majoritarian votes and all of them could be amended more easily than the federal charter. Over the last three-quarters of a century, two developments altered the comparative advantages of the national and state governments when it comes to taking the lead on ...
THE U.S. SUPREME COURT AND THE COLD WAR: FEAR V
... worldwide wars4. The mentioned period led also to creation of new intelligence agencies (American CIA v. Russian KGB), as well as major defense alliances (North Atlantic Treaty Organisation v. the Warsaw Pact). The international tensions could not take place without influencing domestic issues, such ...
... worldwide wars4. The mentioned period led also to creation of new intelligence agencies (American CIA v. Russian KGB), as well as major defense alliances (North Atlantic Treaty Organisation v. the Warsaw Pact). The international tensions could not take place without influencing domestic issues, such ...
Oxford: Oxford University Press, 2004
... rewards study. The judgment of the Court, delivered by Yacoob J, is a model of clarity and careful judicial reasoning. However, it is surprising that Beatty finds in it support for his claims. The case involved a claim by a number of homeless people asserting that the government (at all levels) had ...
... rewards study. The judgment of the Court, delivered by Yacoob J, is a model of clarity and careful judicial reasoning. However, it is surprising that Beatty finds in it support for his claims. The case involved a claim by a number of homeless people asserting that the government (at all levels) had ...
matthew schindler, osb# 96419
... province and duty of the judicial department to say what the law is,…” Judicial interpretation of the Constitution is not a power expressly delegated to the judiciary. It was a power unlawfully taken from the people without Constitutional authority in violation of the 10th Amendment. Marbury v Madis ...
... province and duty of the judicial department to say what the law is,…” Judicial interpretation of the Constitution is not a power expressly delegated to the judiciary. It was a power unlawfully taken from the people without Constitutional authority in violation of the 10th Amendment. Marbury v Madis ...
“SUPREME” COURTS AND THE IMAGINATION OF THE REAL
... suggested that it would avoid confusion on the part of the general public as to which court was the “highest” in the state, but the sitting Supreme Court judges, citing history, custom, and their own status concerns, have resisted – thus far successfully – any such name change or other diminution of ...
... suggested that it would avoid confusion on the part of the general public as to which court was the “highest” in the state, but the sitting Supreme Court judges, citing history, custom, and their own status concerns, have resisted – thus far successfully – any such name change or other diminution of ...
Case Year
... Initially, the Bill of Rights was intended to limit the powers of the national government to prevent infringement upon individual civil liberties. After the Civil War, the Fourteenth Amendment (ratified in 1868) included guarantees that “no state shall abridge the privileges or immunities of citizen ...
... Initially, the Bill of Rights was intended to limit the powers of the national government to prevent infringement upon individual civil liberties. After the Civil War, the Fourteenth Amendment (ratified in 1868) included guarantees that “no state shall abridge the privileges or immunities of citizen ...
Unit 4 PowerPoint - (Supreme Court Cases)
... T.L.O. appealed her expulsion on the grounds that her 4th Amendment rights had been violated. Court Decision: The court ruled in favor of the school. The court stated that the need to keep guns and drugs out of school created a situation that school officials should be given greater latitude in sear ...
... T.L.O. appealed her expulsion on the grounds that her 4th Amendment rights had been violated. Court Decision: The court ruled in favor of the school. The court stated that the need to keep guns and drugs out of school created a situation that school officials should be given greater latitude in sear ...
Source - Manasquan Public School District
... portion of an interstate (two or more states) journey. At issue was whether a state government has the power to regulate railroad prices on that portion of an interstate journey that lies within its borders. The Supreme Court of the United States held the Illinois statute to be invalid and that the ...
... portion of an interstate (two or more states) journey. At issue was whether a state government has the power to regulate railroad prices on that portion of an interstate journey that lies within its borders. The Supreme Court of the United States held the Illinois statute to be invalid and that the ...
Court Case - Caldwell County Schools
... T.L.O. appealed her expulsion on the grounds that her 4th Amendment rights had been violated. Court Decision: The court ruled in favor of the school. The court stated that the need to keep guns and drugs out of school created a situation that school officials should be given greater latitude in sear ...
... T.L.O. appealed her expulsion on the grounds that her 4th Amendment rights had been violated. Court Decision: The court ruled in favor of the school. The court stated that the need to keep guns and drugs out of school created a situation that school officials should be given greater latitude in sear ...
The Lessons of 1968 - Hastings Constitutional Law Quarterly
... Communist threat after being elected to the Senate from California in 1950. In 1952, Nixon was elected to serve as Vice President under Republican Dwight D. Eisenhower. Nixon served two terms in that position before losing an extremely close contest to John F. Kennedy in the presidential election of ...
... Communist threat after being elected to the Senate from California in 1950. In 1952, Nixon was elected to serve as Vice President under Republican Dwight D. Eisenhower. Nixon served two terms in that position before losing an extremely close contest to John F. Kennedy in the presidential election of ...
Philip M. Kannan - LOGIC FROM THE SUPREME COURT THAT
... Speech Clause and considers its functionality, it is clear that it is a positive, as well as a negative, right. Moreover, as I illustrated in my earlier article, rights that are articulated so as to appear to only be negative rights can be rephrased as positive rights.15 In spite of the fact that th ...
... Speech Clause and considers its functionality, it is clear that it is a positive, as well as a negative, right. Moreover, as I illustrated in my earlier article, rights that are articulated so as to appear to only be negative rights can be rephrased as positive rights.15 In spite of the fact that th ...
UNENUMERATED CONSTITUTIONAL RIGHTS AND
... language" prior to high school. 9 Though the text of the Constitution does not explicitly protect the right to education, the Court found that such a right is guaranteed by the Constitution, and held that the Nebraska statute violated the individual's right to pursue and select a reasonable and bene ...
... language" prior to high school. 9 Though the text of the Constitution does not explicitly protect the right to education, the Court found that such a right is guaranteed by the Constitution, and held that the Nebraska statute violated the individual's right to pursue and select a reasonable and bene ...
First Things First: Rediscovering the States` Bills of
... and a state court recognizes and protects that right under state law, then the state is not depriving the person of whatever federal claim he or she might otherwise assert. There is no federal question. Every state supreme court, I suppose, has declared that it will not needlessly decide a case on a ...
... and a state court recognizes and protects that right under state law, then the state is not depriving the person of whatever federal claim he or she might otherwise assert. There is no federal question. Every state supreme court, I suppose, has declared that it will not needlessly decide a case on a ...
developments in india relating to environmental justice - WWF
... interpretation of Indian statutes and the Constitution, combined with a liberal view towards ensuring social justice and the protection of human rights. The principles have often found reflection in the Constitution in some form, and are usually justified even when not explicitly mentioned in the co ...
... interpretation of Indian statutes and the Constitution, combined with a liberal view towards ensuring social justice and the protection of human rights. The principles have often found reflection in the Constitution in some form, and are usually justified even when not explicitly mentioned in the co ...
SUPREME COURT CASES
... printing. The NY Times sued on the grounds that it violated the 1st Amendment. Court Ruling: The court ruled in favor of the NY Times. The court stated that it was the right of the paper to print this material because they had received the information legally. Precedent: Prior restraint is unconstit ...
... printing. The NY Times sued on the grounds that it violated the 1st Amendment. Court Ruling: The court ruled in favor of the NY Times. The court stated that it was the right of the paper to print this material because they had received the information legally. Precedent: Prior restraint is unconstit ...
... neither appropriate as a matter of national policy, practical as a matter of military reality, nor feasible in protecting sensitive intelligence sources and methods, to require that military commissions follow all of the procedures of a court-martial. For example, when members of the U.S. Armed Forc ...
Treaties: WHEN are they part of “the supreme Law of the Land
... 3. From where do the President and the Senate get Authority to act? From The Constitution. The objects of their lawful powers are enumerated in the Constitution. Thus, the President and Senate must be authorized in the Constitution to act on an object before any Treaty made by them on that object qu ...
... 3. From where do the President and the Senate get Authority to act? From The Constitution. The objects of their lawful powers are enumerated in the Constitution. Thus, the President and Senate must be authorized in the Constitution to act on an object before any Treaty made by them on that object qu ...
These 4 new filings (A-D of Feb 2014) were submitted to the Court
... mandate of the Administrative Procedure Act’s 1946 60 stat 237, and sets forth this document to be read and is required to be acted upon by an honorable, flesh and blood, man or woman to answer and afford (Government Registered Trade Name) RODNEY DALE CLASS and RodneyDale; Class remedy: Conformity, ...
... mandate of the Administrative Procedure Act’s 1946 60 stat 237, and sets forth this document to be read and is required to be acted upon by an honorable, flesh and blood, man or woman to answer and afford (Government Registered Trade Name) RODNEY DALE CLASS and RodneyDale; Class remedy: Conformity, ...
The Democratic Character of Judicial Review
... which concern the relations of the individual and the state. The political proposition underlying the survival of the power is that there are some phases of American life which should be beyond the reach of any majority, save by constitutional amendment. In Mr. Justice Jackson's phrase, "One's right ...
... which concern the relations of the individual and the state. The political proposition underlying the survival of the power is that there are some phases of American life which should be beyond the reach of any majority, save by constitutional amendment. In Mr. Justice Jackson's phrase, "One's right ...
The Missouri Bar Constitution Day Program
... that public schools are religiously neutral, so that parents can be assured that the choices they are making about their children’s religious practices are not interfered with by what is going on in their children’s public school. The courts have made it clear that parents, as a matter of right of p ...
... that public schools are religiously neutral, so that parents can be assured that the choices they are making about their children’s religious practices are not interfered with by what is going on in their children’s public school. The courts have made it clear that parents, as a matter of right of p ...
Chapter One - University of South Carolina
... Opposition to taxation by a distant government was ingrained in the heritage of revolutionary America, where the Boston Tea Party of 1773 was an iconic symbol. Thus, when the new federal government began in the first decade of its existence to impose taxes to fund its needs, some patriots who had ea ...
... Opposition to taxation by a distant government was ingrained in the heritage of revolutionary America, where the Boston Tea Party of 1773 was an iconic symbol. Thus, when the new federal government began in the first decade of its existence to impose taxes to fund its needs, some patriots who had ea ...
Bans on political parties – The limitation of free political competition
... associations9) or assemblies10), the administrative bodies cannot issue the prohibition order against the political party on their own.11) The Federal Constitutional Court is not limited to a retroactive control of such a prohibition order. Rather, Executive and Legislative have to file an action ag ...
... associations9) or assemblies10), the administrative bodies cannot issue the prohibition order against the political party on their own.11) The Federal Constitutional Court is not limited to a retroactive control of such a prohibition order. Rather, Executive and Legislative have to file an action ag ...
Sunbather Gives City the Shirt off Her Back to Test Nudity Ban
... ordinance," Turner maintained that she was "immune from prosecution because her conduct was for the purpose of communicating political beliefs." The appeals court rejected Turner's contention based upon the following principles enunciated by the United States Supreme Court. When "speech" and "nonspe ...
... ordinance," Turner maintained that she was "immune from prosecution because her conduct was for the purpose of communicating political beliefs." The appeals court rejected Turner's contention based upon the following principles enunciated by the United States Supreme Court. When "speech" and "nonspe ...
Supreme Court Decisions - AP
... holiday season.. Fearing that the armbands would provoke disturbances, the principals of Des Moines' school districts resolved that all students wearing armbands be asked to remove them or face suspension. When they wore their armbands to school, they were asked to remove them. When they refused, th ...
... holiday season.. Fearing that the armbands would provoke disturbances, the principals of Des Moines' school districts resolved that all students wearing armbands be asked to remove them or face suspension. When they wore their armbands to school, they were asked to remove them. When they refused, th ...
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.