The "constitutional" part of Constitutional Localism is critical for us.
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Rob Natelson is a retired constitutional law professor and constitutional historian.
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Gaetz makes no claim to constitutional expertise — or even constitutional literacy.
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Robert G. Natelson is a constitutional historian and former constitutional law professor.
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Confirming Gorsuch would ratify a constitutional coup and imperil our constitutional democracy.
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Warrren dismissed questions that invoking constitutional remedies would provoke a constitutional crisis.
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People say that would create a constitutional crisis, but I say we are already trapped in a slow-motion constitutional crisis, or constitutional train wreck.
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He is the author of Constitutional Construction: Divided Powers and Constitutional Meaning, and Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review, and Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in US History.
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COHN: YOU'RE ASKING ME CONSTITUTIONAL LAW AND I'M NOT A CONSTITUTIONAL LAW EXPERT.
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"It is constitutional illiteracy," harrumphs Michael Russell, the SNP's minister for constitutional affairs.
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Levin, a self-described constitutional conservative, initially supported another constitutional conservative in Sen.
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So how is it constitutional to deny people access to a constitutional right?
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Our constitutional and political traditions demand that we not enable a constitutional coup.
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While noncitizens outside the United States have no constitutional rights, noncitizens inside have a limited modicum of constitutional rights and LPRs and citizens have full constitutional rights.
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I think this is a restatement of his constitutional authority and our constitutional authority.
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Read her analysis on constitutional literacy, constitutional rights and the country's crisis of compassion.
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The former Constitutional lecturer in the White House is in fact a Constitutional revisionist.
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Microsoft believes its constitutional rights, and the constitutional rights of its customers, are being violated.
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Wade, the 1973 decision enshrining a constitutional right to abortion, was as a constitutional precedent.
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It may not be a constitutional crisis — but it's about to be a constitutional cage match.
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Thanks to his superior constitutional and extra-constitutional powers, Mr Khamenei has always emerged on top.
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But however you define constitutional crisis, there's no question we're in a moment of constitutional hardball.
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The Constitutional Court had postponed its ruling four times before dismissing the constitutional challenge on Thursday.
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Elise Stefanik slams Democrats for relying on constitutional law professors to answer questions about constitutional law
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Rob Natelson is a constitutional historian and former constitutional law professor, serves as a senior fellow in constitutional jurisprudence at The Independence Institute, the Montana Policy Institute, and The Heartland Institute.
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James Madison and the Federalists made principally two constitutional arguments in favor of the president's constitutional power.
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This time, Hernández changed the composition of the Constitutional Court, which then declared the constitutional restriction invalid.
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We must turn, rather, to the English constitutional history from which our constitutional provision took its meaning.
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They claim to love the norms that protect constitutional government, but shatter constitutional norms of executive power.
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As drafted, the bill should withstand constitutional scrutiny, said Laurence Tribe, a constitutional law scholar at Harvard.
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Constitutional and statutory arguments Moving to the merits, the states make a variety of statutory and constitutional arguments.
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" There are two major papers in the American constitutional law literature on the concept of a "constitutional crisis.
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The case eventually arrived at the Constitutional Court, a high court created in 2010 to interpret constitutional law.
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I would go even further than Mr. Jackson: Constitutional originalism, which opposes constitutional flexibility, is a bankrupt philosophy.
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Neither was considered a constitutional crisis and both were eventually resolved without a threat to the constitutional system.
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While limiting the number of guns is dubious under constitutional analysis, some background checks could pass constitutional muster.
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The question is whether that constitutional right frustrates the pursuit of justice and a fair trial -- another constitutional right.
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MPs from the Georgian Dream said the constitutional reform process set a new constitutional tradition and culture in Georgia.
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Robert G. Natelson, a former constitutional law professor, is a senior fellow in constitutional jurisprudence at the Independence Institute.
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Read her analysis on constitutional literacy, constitutional rights, the country's crisis of compassion, war power and the Supreme Court.
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After a series of constitutional-court decisions struck down Fidesz's new laws, a constitutional amendment overturned the court's decisions.
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Constitutional short selling follows the same logic, but instead of undermining a financial asset, they undermine a constitutional system.
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Instead, four constitutional law professors are headed to the halls of Congress, where they'll talk about impeachment's constitutional context.
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My proposal would enable each constitutional actor to once again play its proper constitutional role: The Senate could become a venue for serious constitutional conversation, and the nominee could demonstrate his or her consummate legal skill.
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In democratic states (constitutional republics like ours and constitutional monarchies like Great Britain), the military rests firmly under civilian control.
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So there have been lots of constitutional confrontations in the United States, but we have had very few constitutional crises.
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The abrogation of the norms on which the exercise of constitutional powers depend might be the real constitutional crisis here.
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They asserted a constitutional right for presidents to control the disclosure of information to Congress related to their constitutional duties.
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Trump had a constitutional right to run, they couldn't have stopped that, and voters have a constitutional right to support him.
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But Steve Vladeck, a professor of constitutional law at the University of Texas, said he thought Whitaker's hiring passed constitutional muster.
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I think a constitutional crisis is best understood to be moments when the constitutional system itself seems to be breaking down.
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It seems like we've been careening from constitutional crisis to constitutional crisis as this administration has repeatedly refused Congress' oversight requests.
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If I am teaching a course on constitutional law, my students had better discuss constitutional law and not the World Series.
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Russia's constitutional court must now examine the constitutional changes, which are due to be put to a nationwide vote in April.
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The new constitution also expanded the size of the country's constitutional court, which decides whether laws passed by parliament are constitutional.
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His refusal to comply interfered with the committee's ability to fulfill its constitutional duties and was, therefore, subversive of constitutional government.
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His constitutional plans dated June 18, 1787 contain prototypes of Article I, Section 8, the constitutional provision enumerating most congressional powers.
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Her constitutional relations minister, Michael Russell, accused London of "constitutional vandalism" by passing Brexit legislation without the consent of the Scottish parliament.
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We must thus consider not merely the constitutional rule against viewpoint discrimination, but also the lack of constitutional protection for true threats.
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We shouldn't penalize people who choose to exercise lawfully their constitutional right to bear arms by stripping them of other constitutional rights.
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Elizabeth Price Foley practices constitutional law in Washington, D.C., and is a constitutional law professor at Florida International University College of Law.
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How we distinguish fundamental constitutional rights from non-fundamental constitutional rights is an exercise in clairvoyance not available to most of us.
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Chief Justice Roberts said that the tax penalty allowed ObamaCare to be considered constitutional as an exercise of Congress' constitutional taxing power.
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As with many of Trump's challenged actions, the controversy is as much his violation of constitutional norms as it is constitutional rules.
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The president said nothing of the constitutional protections that afforded the numerous football players the constitutional right to kneel down in protest.
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The proceeding, titled "The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment," featured a panel of constitutional scholars.
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At least two rights groups are preparing to fight the law in the Constitutional Court, the nation's highest court for constitutional matters.
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" Constitutional crisis The anonymous author wrote the 25th Amendment was ultimately not invoked because "no one wanted to precipitate a constitutional crisis.
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" Texas Congressman Bill Flores also backed the change, saying the panel is "out of control, we don't even get constitutional rights, constitutional protections.
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We've already had one constitutional convention -- literally The Constitutional Convention, in 1787, which gave us the Constitution -- and there hasn't been one since.
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Rob Natelson is a retired constitutional law professor and constitutional historian and author of The Original Constitution: What It Actually Said and Meant.
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Risks Preoccupation with constitutional reform might drain energy from non-constitutional efforts or fracture the reform coalition by stoking arguments about controversial texts.
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Elizabeth Price Foley practices constitutional law in Washington and is a constitutional law professor at Florida International University College of Law in Miami.
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Other scholars have outlined concepts like "constitutional hardball" and "constitutional showdowns" to describe scenarios where American governance gets messy without getting truly dangerous.
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Now that we have a president who poses the greatest threat to constitutional norms since Nixon, Congress needs to rediscover its constitutional responsibilities.
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"The problem is simple: You have a constitutional right to free speech, you have a constitutional right to possess a firearm," said Sen.
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Many constitutional scholars view the law as a valid constraint on executive power, and Democratic administrations have not raised constitutional objections to it.
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To quote from their petition: 'The Union of India acted upon a well-thought out stratagem, cleverly devised with the specific intent of evading mandatory constitutional requirements, invading settled rights of constitutional bodies and brazenly defiling and defacing the federal constitutional scheme.
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Third: a steady, incremental evolution of those traditions rather than sudden, violent shocks (or as Vernon Bogdanor, a constitutional expert, describes them, constitutional moments).
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It's practically unheard of for the Justice Department to argue in favor of a constitutional exemption to antidiscrimination laws -- a constitutional right to discriminate.
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He also reasoned that as long as the death penalty remains constitutional, it follows that there must a constitutional method of carrying it out.
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Elizabeth Price Foley practices constitutional law in Washington, D.C. and is a constitutional law professor at Florida International University College of Law in Miami.
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While this isn't at constitutional crisis level, the back-and-forth does tie in constitutional powers and what Pelosi can and cannot do here.
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Legal and constitutional scholars aren't convinced, however, that this week's developments meet the constitutional burden, or will summon the bipartisan political will for impeachment.
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Most constitutional scholars broadly agree that the constitutional term "high crimes and misdemeanors" for which an official may be impeached includes abuse of power.
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Stefanik did not elaborate on who — other than professors of constitutional law — she believes would be better equipped to address issues of constitutional law.
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They believed that congressmen would think about whether the laws proposed were constitutional before they voted on them, the president would consider whether laws were constitutional before he signed them, and the justice department would consider whether laws were constitutional before they enforced them.
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In selecting a so-called 'constitutional nobody' and thwarting every senator's constitutional duty, Trump leaves us no choice but to seek recourse through the courts.
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Park's impeachment, for violating her constitutional duty as leader, is being reviewed by the Constitutional Court which has up to 180 days from the Dec.
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I define a constitutional crisis as a situation in which existing constitutional arrangements no longer realistically promise to serve the foundational values of democratic constitutionalism.
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But that changed quickly, after the new Fidesz government used its constitutional majority to steamroll through a new constitution and a flurry of constitutional amendments.
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The other bill, a constitutional amendment which would specifically say there is no constitutional right in the state of Louisiana to an abortion, didn't pass.
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It is not necessarily a lack of respect for constitutional rights per se, but rather, a lack of respect for the constitutional rights of others.
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Fortuin ruled the city government had violated the residents' constitutional right to adequate housing as well as the landowners' constitutional right to hold private property.
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While it is surely possible to craft a constitutional procedure for digital searches, the rulemaking process is not adequate for addressing such sensitive constitutional questions.
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"I just don't think we've begun to wrestle with the deep constitutional issues here," David Pozen, a constitutional law professor at Columbia Law School, said.
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The second asks voters to hold either a citizens-only constitutional convention or a "mixed" constitutional convention, including citizens and members of the National Congress.
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"I get nowhere in this case by talk about a constitutional 'right of privacy' as an emanation from one or more constitutional provisions," Black wrote.
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"The independence and legitimacy of the Constitutional Tribunal has been seriously undermined and it is no longer able to provide effective constitutional review," it said.
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Elizabeth Price Foley practices constitutional law in Washington, D.C., and is a professor of constitutional law at Florida International University College of Law in Miami.
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For decades, conservatives have panned the very notion of implied constitutional rights, arguing that the court should stay within the confines of explicit constitutional guarantees.
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"We believe this conduct is impeachable, and should never take place again under our constitutional system," said Raskin, who was once a constitutional law professor.
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"I just don't think we've begun to wrestle with the deep constitutional issues here," David Pozen, a constitutional law professor at Columbia Law School, said.
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"The rupture of the constitutional order continues," he added at a news conference inside the legislative building, flanked by pro-opposition legal and constitutional experts.
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KIEV (Reuters) - Ukraine's Constitutional Court ruled on Thursday that President Volodymyr Zelenskiy's move to dissolve parliament was constitutional, the Ukrinform news agency reported on Thursday.
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" He pointed out that Carhart also found that the Court "retains an independent constitutional duty to review factual findings where constitutional rights are at stake.
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And you&aposre right Laura, really I got no problem with people opposing a judicial candidate because they oppose his constitutional philosophy or her constitutional philosophy.
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The former American University constitutional law professor has also been a sherpa of sorts for House Democrats navigating constitutional issues, including impeachment and the Emoluments Clause.
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A constitutional crisis is a fight among branches of government in which neither side backs down, and there is no clear resolution within the constitutional system.
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And the Senate has exercised its constitutional prerogative to decline consideration of the Supreme Court nominee of a President who has willfully overstepped his constitutional limits.
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Elizabeth Price Foley practices constitutional law in Washington, D.C. and is a professor of constitutional law at Florida International University College of Law in Miami, Florida.
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Kavanaugh, a Constitutional textualist, would likely vote that a self-pardon is constitutional, merely because the text of the Constitution itself does not explicitly prohibit it.
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Since all of Congress's actions need to be within its constitutional authority, this general constitutional limitation on Congress's investigatory powers likely extends to 6103(f) investigations.
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Amidst the ongoing constitutional battles over impeachment, let's not lose sight of another constitutional debate that could affect the health of tens of millions of Americans.
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"The constitutional court has just confirmed that it serves a dictatorial regime ... by validating false results, (and enabling) a constitutional coup d'etat," he said in one.
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And a narrow majority (52%) say the Democrats have exercised their constitutional powers properly during the impeachment inquiry, 40% say they have abused their constitutional powers.
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Later Tuesday, Trump issued a signing statement in which he raised constitutional questions about several provisions and said he'll enforce those consistent with his constitutional authority.
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Focus of the hearing and witnesses The hearing will focus on constitutional grounds for impeachment of a president with testimony from four experts in constitutional law.
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They will also want to press him on more fundamental constitutional issues, like whether a law barring Muslims from entering the United States would be constitutional.
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In 1995, UT Austin's Sandy Levinson and the journal Constitutional Commentary asked a number of constitutional law experts to name the "worst provision" in the Constitution.
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" In 2004, Mark Tushnet, a Georgetown University law professor, wrote an article about "constitutional hardball," which he defines as legal and political moves that are "within the bounds of existing constitutional doctrine and practice but that are nonetheless in some tension with existing pre-constitutional understandings.
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"The phrase 'constitutional crisis' has been overused, but ... certainly it's a constitutional crisis," he said in response to a question about the term by CNN's Alisyn Camerota.
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Abstruse constitutional questions have taken centre stage for more than a year as the country prepares to vote in a referendum on constitutional reform on December 4th.
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In the United States, punitive citizenship stripping "would face a clear constitutional bar," Peter J. Spiro, a constitutional law expert at Temple University, said in an email.
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The head of parliament's constitutional commission, AKP's Mustafa Sentop, said his party would submit the constitutional reform draft to parliament within two weeks, Dogan news agency reported.
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For one thing, before Scalia joined the court in 1986, legal arguments over constitutional and statutory interpretation often failed to consider the actual constitutional and statutory text.
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While Americans have a constitutional right not to be deprived of liberty without due process, no one has a constitutional right to serve on the Supreme Court.
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KARLSRUHE, Germany/BERLIN (Reuters) - Turkish government officials cannot invoke German constitutional rights in seeking to enter the country for political appearances, Germany's Constitutional Court said on Friday.
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" But Giuliani also said he believes Trump does have the constitutional power to end Mueller's investigation, and that it would be "a simple exercise of constitutional power.
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Sebelius, was settled through the principle of "constitutional avoidance," in which courts avoid ruling on constitutional issues if the case can be resolved based on nonconstitutional issues.
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To protect its constitutional authority and carry out its constitutional responsibility to the American people, it should not hesitate to use its inherent contempt power if needed.
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It would also require that the state vote to criminalize abortion, and the state supreme court would have to declare the prohibition constitutional on state constitutional grounds.
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"Fighting constitutional hardball with constitutional hardball is a high- risk and potentially very treacherous path," Levitsky, the co-author of "How Democracies Die," told me on Wednesday.
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Article V allows an alternative method of proposing constitutional amendments, which cuts Congress out entirely: two-thirds of the state legislatures can call for a constitutional convention.
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In addition to its nakedly partisan claims, the White House is also making its case with constitutional language, but there is no constitutional support for its arguments.
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But if the president can employ the pardon power to circumvent constitutional protections of liberty, there is very little left of the constitutional checks on presidential power.
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According to Anne Twomey, a constitutional law professor at the University of Sydney, only 35 percent of participants at the 1891 Constitutional Convention were born in Australia.
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"We have always been betting on political dialogue within our constitutional framework, but we have to make clear the framework — nothing outside our constitutional order," she said.
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"[S]ome gun rights advocates are attempting to substitute the term 'Constitutional Carry' because in the Constitutional era there were no laws prohibiting concealed weapon carry," David Yamane.
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A "state-action" requirement applies to constitutional rights: if your neighbour or your boss or your parent tries to silence you, you generally have no justiciable constitutional claim.
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"Some Supreme Court Justices have been of the view that there is constitutional law and then there is the aberration of constitutional law relating to abortion," Carnes wrote.
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Hungary's ruling Fidesz party has come under fire for using its constitutional majority to push through legislation and constitutional changes that solidified that party's control over the country.
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In May 2017, Taiwan's Constitutional Court ruled that same-sex marriage was a constitutional right, giving legislators a two year deadline in which to enshrine it into law.
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The supreme court's constitutional chamber ruled that the law violated constitutional principles because it promoted impunity and offered amnesty for crimes that were not eligible for such treatment.
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Indeed, accepting a "good enough" solution to a constitutional problem is well within our constitutional tradition: consider the Supreme Court's famous edict in the wake of Brown v.
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It extends Constitutional protections to foreigners who have never been in the United State, have no connections to our country, and have no Constitutional right to come here.
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Constitutional hardball tactics are viewed by the other side as provocative and unfair because they flout the 'goes without saying' assumptions that underpin working systems of constitutional government.
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"The committee's request raises serious issues concerning the constitutional investigative authority, the legitimacy of the asserted legislative purpose and the constitutional rights of American citizens," Mr. Mnuchin wrote.
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Constitutional scholars say that similar offenses — ones involving the lawless use of official power threatening the constitutional order — are what the framers thought could justify removal from office.
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Some have argued that this isn't yet a constitutional crisis because Congress's constitutional remedies haven't been exhausted; it can still turn to the courts to enforce its prerogatives.
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Obama's DACA policy was — in all likelihood — constitutional as a matter of his Article II authority for the same reasons that Trump's decision to rescind DACA was constitutional.
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" Asked about the idea that moving against Mueller would precipitate a constitutional crisis, Schlapp responded vigorously, "The constitutional crisis occurred yesterday when the president's lawyer's office was raided.
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Fishkin and Pozen cite the work of Mark Tushnet, a professor at Harvard Law School, to define constitutional hardball as "political claims and practices" that are without much question within the bounds of existing constitutional doctrine and practice but that are nonetheless in some tension with existing pre-constitutional understandings.
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A lot of it hinges on the very old idea of constitutional immunity and how Congress's constitutional role of oversight comports with the President's role of being the executive.
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Shorty after gaining power, Law and Justice moved to control Poland's Constitutional Tribunal, provoking a constitutional crisis and a conflict with the EU, both of which it subsequently won.
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McCain's principle would produce a kind of mini-crisis in constitutional government, and the 4-4 split on the Supreme Court would prevent the resolution of other constitutional disputes.
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Steve Vladeck, a professor of constitutional law at the University of Texas, said he thought Whitaker was a poor choice for the job but that his hiring was constitutional.
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It would allow state bodies to appeal to the Constitutional Court against decisions by lower courts if they think the rulings infringe their constitutional rights or restrict their authority.
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"The constitutional complaint that has been filed is neither a priori inadmissible nor is it obviously ungrounded," the Constitutional Court panel said in the five-page ruling, dated Dec.
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Read her analysis on constitutional literacy, constitutional rights, the country's crisis of compassion, war power, the Supreme Court, presidential power, the presumption of innocence and the power of regulations.
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"I think if Congress ever were to charge him with obstruction of justice for exercising his constitutional authority under Article II, we'd have a constitutional crisis," Mr. Dershowitz said.
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Rob Natelson is a retired constitutional law professor and a senior fellow in constitutional jurisprudence at Colorado's Independence Institute; the Illinois-based Heartland Institute; and the Montana Policy Institute.
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The fact that states can make the constitutional problem with agency fees disappear simply by changing the accounting system shows how silly the Janus Court's constitutional holding really is.
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Constitutional government — or limited government — is still government.
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Crises — real and imaginary — loosen normal constitutional constraints.
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In "51 Imperfect Solutions: States and the Making of American Constitutional Law" he writes that, "[s]tate courts have the authority to construe their own constitutional provisions however they wish".
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BERLIN (Reuters) - Germany's constitutional court ruled on Tuesday against overpricing phone calls made by prison inmates, saying that disregarding the economic interests of prisoners violates their constitutional right to rehabilitation.
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Ratifying an extension in the presidential term in the oil- and gas-exporting, ex-Soviet republic will require constitutional amendments and a referendum, the constitutional court said in a statement.
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The Constitutional Court has ruled against all three post-apartheid presidents in cases involving technical, legal matters, said Pierre de Vos, a constitutional scholar at the University of Cape Town.
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Rob Natelson a former constitutional law professor, serves as a senior fellow in constitutional jurisprudence at The Heartland Institute think tank and heads the Article V Information Center in Denver.
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Constitutional questions are the only ones the Supreme Court truly has a final say on, and even those pronouncements are restrained by the Court's limited role in our constitutional system.
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If privatization allows for a shield against constitutional liability, citizens will not be able to vindicate their rights in any contexts where they could traditionally hold states to constitutional standards.
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"We believe the threat of a deep constitutional crisis and an unlawful anti-constitutional coup ... is hanging over our country," the petition, signed by prominent scientists, journalists and writers said.
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"It is exasperating that lawmakers rely on such easily debunked constitutional concerns for political cover," Steve Vladeck, a constitutional law expert with the University of Texas Austin's law school, said.
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"The Committee's request raises serious issues concerning the constitutional scope of Congressional investigative authority, the legitimacy of the asserted legislative purpose, and the constitutional rights of American citizens," Mnuchin wrote.
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But there is no constitutional requirement and no historical practice that requires it to do so to engage in its true constitutional duty of oversight of an executive run amok.
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"As you know, I would be here every day if I could, but I have a constitutional obligation to fulfill my constitutional duty as a juror," Klobuchar said to applause.
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This constitutional amendment effort is being led by Republicans, Democrats, independents, and citizens of all stripes across the country — and it is our best hope to preserve our constitutional republic.
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"The Committee's request raises serious issues concerning the constitutional scope of Congressional investigative authority, the legitimacy of the asserted legislative purpose, and the constitutional rights of American citizens," he wrote.
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" Alito wrote in his opinion that "it is settled that capital punishment is constitutional," and that it "necessarily follows that there must be a [constitutional] means of carrying it out.
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Even if we're not yet in a full-fledged constitutional crisis, we could potentially escalate into one, and a situation doesn't have to be a "constitutional crisis" to be extremely troubling.
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John Eastman, a constitutional scholar and director of Chapman University's Center for Constitutional Jurisprudence, told "Axios on HBO" that the Constitution has been misapplied over the past 40 or so years.
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The constitutional commission is due to discuss the package next week and debate in parliament is likely to follow in January, according to Mustafa Sentop, the head of parliament's constitutional commission.
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Outside the constitutional court, where police had once again divided them, the anti-impeachment camp blared out the national anthem in defiance and promised to blast the constitutional court to pieces.
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The investments could put Trump at risk of violating an obscure constitutional clause that prohibits the president from receiving additional payments beyond his salary from state governments, say several constitutional lawyers.
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Free association is a valid constitutional option, as is the territorial status, but the so-called "enhanced commonwealth" is nothing but a wishlist of fantasies without any legal or constitutional possibility.
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And they tacked six proposed constitutional amendments onto last November's ballot — many of them, like a proposal to make fishing and hunting a constitutional right, aimed at pumping up Republican turnout.
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Jörg Meuthen, a senior member of the AfD, told the German daily Welt, "We are a democratic constitutional party and Mr. Maassen would be very welcome in a democratic constitutional party."
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It is really a proxy debate for a much broader question of constitutional interpretation: whether to give constitutional provisions a fixed meaning based on the public understanding when they were enacted.
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Trump lawyer Patrick Philbin said the White House's contention is based on case law interpreting constitutional case law giving constitutional power to the House — not a House committee or individual member.
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"The constitutional provision ... says that they cannot go beyond 14 days and hearing the case beyond last Friday means they will be hearing the case outside the constitutional provision," he said.
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Legal experts expected the most significant constitutional challenge would be to the ACA's requirement that everyone have health insurance or pay a penalty-ultimately ruled constitutional on a 5-4 vote.
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"The commander in chief has certain constitutional rights and powers which he is free to exercise, as many presidents have done in the past.... Again, these are constitutional powers," Esper said.
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Constitutional amendments are extremely hard to do -- and undo.
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And they -- you believe -- you are a constitutional attorney.
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" He adds: "That's why this is a constitutional moment.
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" "At this time, constitutional law is a 'sensitive' topic.
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" According to the court, this is "fundamental constitutional policy.
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Read more " _____ • Politico Magazine: "Is this a constitutional crisis?
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"When Obama taught at Chicago and when I got to know him, he was a believer in the role of the court maintaining our constitutional system and protecting constitutional rights," said Prof.
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Unless the Court abides by one set of rules to adjudicate constitutional rights, it will continue reducing constitutional law to policy-driven value judgments until the last shreds of its legitimacy disappear.
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NAIROBI, Kenya – Burundi&aposs constitutional court has upheld the results of the May 17 referendum showing most voters supported constitutional changes that could allow the president to stay in power until 2034.
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I made the right-to-life people angry because I won't support a constitutional amendment or limitations on a woman's right to exercise her constitutional right as defined by Roe v. Wade.
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"Congress does not have the constitutional authority to retroactively revive a failed constitutional amendment and subject citizens in all 50 states through the current political trend in just one state #ERA," Rep.
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TAPE: It is a president's constitutional right to nominate a Supreme Court Justice and it is the Senate's constitutional right to act as a check on a president and withhold its consent.
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What they're saying: John Eastman, a constitutional scholar and director of Chapman University's Center for Constitutional Jurisprudence, told Axios that the Constitution has been misapplied over the past 40 or so years.
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Tezcan said he would if necessary go to Turkey's constitutional court - one of the institutions that Erdogan would gain firm control over under the constitutional changes, through the appointment of its members.
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Cuomo has since pledged to support a constitutional amendment on the issue, but constitutional amendments are hard to pass—you have to get it through two legislative sessions and a public vote.
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"Añez, along with congressmen of both chambers, are abiding by their constitutional duties and are taking measures to secure the constitutional succession of power," said Carlos Aramayo Raña, a Bolivian political scientist.
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The chief justice's position instead reflects a pragmatic approach to constitutional decision making, not as to constitutional interpretation, but as to the appropriate institutional role the Supreme Court plays in our government.
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It could also help to guide constitutional reform and help establish a constitutional commission and a national dialogue body, with the Syrian people solely responsible for writing and approving a new constitution.
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"Probably the opposition parties pushed too much on the constitutional issue as a political agenda," said Koji Murata, a professor of international relations at Doshisha University in Kyoto who supports constitutional changes.
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"Law and Justice plans to continue their actions, which destroy the constitutional order, paralyze the proceedings of the Constitutional Tribunal and the entire judicial system," the former presidents said in their letter.
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You may have heard alarms that if we hold a national convention for proposing constitutional amendments the gathering would be an uncontrollable constitutional convention ("con-con") that could propose anything at all.
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Which is why the holding in Bivens — that damages remedies for violations of constitutional rights can be inferred when they are not explicitly authorized — is so essential to enforcing federal constitutional rights.
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In the mid-1980s, he started working on constitutional issues of interest to the Christian right, before joining the American Constitutional Law Center in 1990, where he still serves as chief counsel.
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Mr. Harper's claim that I am not an expert in constitutional law is belied by the fact that I taught constitutional criminal procedure at Harvard Law School for nearly half a century.
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A constitutional crisis was provoked in Spain when separatists went ahead with an independence referendum on October 1 2017, despite the vote being outlawed by the Spanish government and the Constitutional Court.
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Majority says Democrats are acting properly -- A narrow majority (20163%) say the Democrats have exercised their constitutional powers properly during the impeachment inquiry, while 40% say they have abused their constitutional powers.
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Elizabeth Price Foley practices constitutional law in Washington, D.C., and a founding professor at Florida International University College of Law in Miami, where she teaches constitutional law, civil procedure and health care law.
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In every instance we adhered to the process explicitly laid out in the Constitution: The president has the constitutional duty to nominate; the Senate has the constitutional obligation to provide advice and consent.
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Four out of five Constitutional Court magistrates ruled in favor of the stay after deliberating for 2-1/2 hours, said Constitutional Court secretary Martin Guzman in a press conference late on Sunday.
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"Some Supreme Court justices have been of the view that there is constitutional law and then there is the aberration of constitutional law relating to abortion," Chief Judge Carnes wrote for the majority.
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This has involved increasing political control over the Constitutional Tribunal, Supreme Court and the ordinary courts through insistence on early retirement (and so replacement) of judges and refusal to comply with constitutional opinions.
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As of this moment, Menendez is the sitting senator from New Jersey with a constitutional right to be present at his trial and a constitutional "obligation" to vote the interests of his constituency.
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Read her analysis on constitutional literacy, constitutional rights, the country's crisis of compassion, war power, the Supreme Court, presidential power, the presumption of innocence, the power of regulations and role of independent agencies.
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Robert G. Natelson is a retired constitutional law professor, senior fellow in constitutional jurisprudence at the nonprofit Independence and Heartland Institutes and author of a major scholarly article on the Constitution's taxation power.
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Canadians, unlike Americans, have no constitutional right to bear arms.
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In 23, voters there made universal prekindergarten a constitutional right.
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The president has put Sri Lanka in a constitutional quandary.
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The required constitutional amendment simply sets the bar too high.
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Those voters cared little about the intricacies of constitutional interpretation.
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Obama has accused Senate Republicans of abdicating their constitutional duties.
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How far may states go to make abortion a constitutional
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O'Connor, reaffirmed constitutional protection for the right to choose abortion
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To boot, the president, a former constitutional law professor whose
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Was it one of the constitutional claims, like Equal Protection?
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We see it as an issue of constitutional human rights.
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However, investigating a potential constitutional crisis requires thoroughness and caution.
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He also suggested a "constitutional change" to remedy the issue.
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We have a constitutional role for Congress, which is oversight.
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A constitutional amendment might be unlikely, but it's not impossible.
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A common misconception is that immigrants don't have constitutional rights.
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There is no further appeal to the constitutional court's ruling.
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Flentje argued that the President acted within his constitutional powers.
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Mr Osinbajo's appointment as acting president has followed constitutional protocol.
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He is appealing against the decision in the constitutional court.
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Johnson said that Congress has constitutional responsibilities to engage in.
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This has led to constant wrangles at the constitutional tribunal.
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"We're on the cusp of a major constitutional crisis," Sen.
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Mr Bahceli opposed the constitutional overhaul as recently as October.
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Now the second has been destroyed by the constitutional court.
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ITALIAN constitutional law does not usually hold much popular appeal.
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Talk about bad news for the constitutional right to assemble.
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Holding the referendum was ruled illegal by Spain's Constitutional Court.
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There is no established constitutional doctrine on referendums in Britain.
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Justice Gorsuch wrote that the law crossed a constitutional line.
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Is parliamentary approval not the essence of Britain's constitutional order?
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The Parliament should reject these unnecessary and divisive constitutional changes.
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It also focuses on constitutional innovations rather than economic struggles.
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They deliberately provided a constitutional process for amending the Constitution.
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Rebuffing a democratic norm is not a constitutional crisis, however.
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John Harwood: That's why you call it a constitutional crisis?
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"We'll do it according to the constitutional provisions," he said.
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"Today's vote by MPs has no constitutional legitimacy," he added.
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The constitutional court will rule on its validity next month.
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"This is completely unprecedented," said Gustavo Binenbojm, a constitutional lawyer.
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A constitutional amendment then passed with 0.453% of the vote.
|
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But it ignores Catalonia's unhappiness with Spain's current constitutional arrangements.
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The constitutional court has a week to validate the results.
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Ahead of the vote, Spain's constitutional court declared the Oct.
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So today we celebrate the affirmation of women's constitutional rights.
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The House, too, could be reformed without any constitutional amendment.
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The next test will be Italy's constitutional referendum in December.
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As a constitutional matter, the answer might well be no.
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Mr Blair's government also used Europe to provide constitutional protections.
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Now it looks destined to become a constitutional crisis, too.
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Iraqis hope their judges will stave off a constitutional crisis.
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If it could feel pain, does it deserve constitutional rights?
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Guatemala's constitutional crisis raises the stakes in the forthcoming election.
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Secondary legislation has long been a matter of constitutional concern.
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The practice was permitted by the constitutional court in 2014.
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Now it faces a constitutional crisis that threatens its unity.
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We look at the constitutional crisis that may be brewing.
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That is the Constitutional Crisis & hopefully guilty people will pay!
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And some legal experts warn of a looming constitutional crisis.
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Apple also states that the request violates Apple's constitutional rights.
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Americans are protected by our constitutional right to free speech.
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Most constitutional experts and several senior Republican senators -- including Sen.
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We ask why that would be an uncomfortable constitutional precedent.
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Both the Maastricht and Lisbon treaties were significant constitutional changes.
|
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Warren argued that it's Congress' constitutional duty to pursue impeachment.
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Meghan and Harry may, in constitutional terms, be strictly irrelevant.
|
|
Wade U.S. Supreme Court decision declaring abortion a constitutional right.
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The Supreme Court ruled in January that it was constitutional.
|
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First Look said its goal was to protect constitutional rights.
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They disdain constitutional protections for religious freedom and equal protection.
|
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Democrats contend the contract clauses rob customers of constitutional rights.
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A parliamentary committee is currently scrutinizing the proposed constitutional amendment.
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|
Alcohol during Prohibition both started and ended with Constitutional amendments.
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I think that would almost certainly be a constitutional violation.
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Some were in college studying constitutional law and social work.
|
|
Article V's standard for ratifying a constitutional amendment is nearly
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LEVIN: A couple of things here on the constitutional level.
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Will you advocate for war without constitutional or congressional authority?
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Constitutional reform will also help keep the Turkish economy healthy.
|
|
"Well, then there will be a constitutional fight," Giuliani said.
|
|
It's really the future of our constitutional division of power.
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|
In 1988, the Supreme Court upheld that arrangement as constitutional.
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A constitutional due process challenge based on lengthy prearrest delay.
|
|
Spain's Constitutional Court has blocked such moves in the past.
|
|
Scalia resuscitated our nation's constitutional principles during a crucial time.
|
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This would have appalled the designers of our constitutional framework.
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It would be very bad news for our constitutional republic.
|
|
So are Keshas constitutional rights being violated now, judge Lady?
|
|
In Spain, the Constitutional Court annulled Catalonia's referendum for independence.
|
|
Wade, which solidified a woman's constitutional right to an abortion.
|
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"I don't see a constitutional amendment currently," McCarthy told reporters.
|
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Wade, the 1973 decision recognizing a constitutional right to abortion.
|
|
Wade that established abortion as a constitutional right -- has died.
|
|
The constitutional standoff could end up in the Supreme Court.
|
|
"Only constitutional office holders are given (security) details," said Rep.
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|
I am not a constitutional scholar or a political leader.
|
|
The asset freezes raise all kinds of thorny constitutional questions.
|
|
Watch: Huawei is suing the US government for constitutional violations.
|
|
"We don't oppose constitutional amendment," said USDP lawmaker Thaung Aye.
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|
Yes, I will respect the constitutional prerogatives of the presidency.
|
|
This might be the corporate version of a constitutional compromise.
|
|
Both countries introduced limited constitutional reforms and held parliamentary elections.
|
|
We all agree that we are in a constitutional crisis.
|
|
As Justice Scalia observed, some very bad ideas are constitutional.
|
|
But Yoko Shida, a constitutional scholar, says it matters nonetheless.
|
|
John O. McGinnis, a constitutional law professor at Northwestern University,
|
|
That is partly the result of constitutional amendments in September.
|
|
That, in our constitutional system, was supposed to be that.
|
|
Erdogan has previously criticized similar rulings by the Constitutional Court.
|
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Only the executive branch has the constitutional authority to prosecute.
|
|
The constitutional amendment passed with 55 percent of the vote.
|
|
Again, that was a constitutional law expert making that argument.
|
|
But that is not the proper constitutional function of impeachment.
|
|
Overly broad and burdensome licensing laws raise serious constitutional problems.
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|
Religious freedom was a constitutional right firmly embraced by progressives.
|
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But what it really does is eliminate your Constitutional rights.
|
|
He also taught constitutional law at the University of Chicago.
|
|
The court overturned that decision on constitutional grounds on Thursday.
|
|
I will continue to support the Constitutional rights of Hoosiers.
|
|
The constitutional court, however, annulled the results because of irregularities.
|
|
A constitutional challenge could expand its scope sooner than that.
|
|
At present, though, the hurdles to constitutional change remain high.
|
|
Moreover, there are statutory issues in addition to constitutional ones.
|
|
The vote is subject to confirmation from the constitutional court.
|
|
In October Italy will hold a referendum on constitutional changes.
|
|
Democrats, however, say that Republicans are shirking their constitutional duties.
|
|
I proposed that the change be made by constitutional amendment.
|
|
Hard to imagine meaningful constitutional constraints that wouldn't cripple it.
|
|
Casey in 1992 to preserve the constitutional right to choose.
|
|
It shows that reform by constitutional means is still possible.
|
|
Surprisingly, there's some dispute about a constitutional right to vote.
|
|
Constitutional father James Madison was late to support the idea.
|
|
That treaty gives them intervention rights to restore constitutional order.
|
|
Ricker argued his constitutional right to confront witnesses was violated.
|
|
Roberts administered the Constitutional oath at the courthouse on Oct.
|
|
Democrats are describing it as an abdication of constitutional responsibility.
|
|
He argued that it also violated his own constitutional rights.
|
|
The Constitutional Court's review will also conform to the law.
|
|
With the Italian referendum on constitutional change due on Dec.
|
|
The 85033 Annapolis Convention proposed the outstandingly successful Constitutional Convention.
|
|
Defeated candidates can dispute the results in the Constitutional Court.
|
|
The Turkish people rejected the threat to their constitutional order.
|
|
Fact is, there is no constitutional objection, just ideological desire.
|
|
The best mechanism for reform would be a constitutional amendment.
|
|
That's the only vestige of our Constitutional republic that's left.
|
|
Florida legalized medical marijuana through a constitutional amendment in 2016.
|
|
Some have suggested that a new constitutional convention is essential.
|
|
Judge Ellis should be commended for recognizing these constitutional commands.
|
|
"He actually supported the constitutional side of the argument. "Mr.
|
|
Maduro faces widespread foreign pressure to abort the constitutional assembly.
|
|
It is a gambit frothing with constitutional questions and dangers.
|
|
Abortion and access to it, is a protected constitutional right.
|
|
"The constitutional principles are absolutely clear," he told the Times.
|
|
Instead, he's given millions of individuals their constitutional rights back.
|
|
Citizens must not let political debasement destroy our constitutional system.
|
|
"We have a constitutional responsibility for oversight," she told reporters.
|
|
Mr. Obama taught constitutional law at the university law school.
|
|
He is also the constitutional leader of the armed forces.
|
|
First, there should be an explicit constitutional right to vote.
|
|
Such a partisan vote would deny constitutional legitimacy to impeachment.
|
|
Federal deadlock is undermining American's confidence in our constitutional democracy.
|
|
They could be governed as colonies, with fewer constitutional constraints.
|
|
"The phrase constitutional crisis has been overused, but certainly," Rep.
|
|
Matt Well, judges try to avoid ruling on constitutional questions.
|
|
All affirmed their constitutional rights to free speech and assembly.
|
|
It also cited Guzman's constitutional right to participate in elections.
|
|
We are in no condition to hold another constitutional convention.
|
|
The founders viewed the procedure as a crucial constitutional right.
|
|
Republicans are expressing constitutional concerns over the bill, including Sen.
|
|
This is a serious legal and constitutional, not political, issue.
|
|
The ability to make that decision is a constitutional right.
|
|
But it's a lot easier than winning a constitutional amendment.
|
|
It takes a number of constitutional issues out of play.
|
|
It was bad enough that Arpaio's office violated constitutional rights.
|
|
This is a dramatic constitutional and institutional decision for McConnell.
|
|
Scheppele used the term "constitutional coup" to describe Orbán's regime.
|
|
Humala cannot seek a new term because of constitutional limits.
|
|
Does Gorsuch's record show that he prizes these constitutional values?
|
|
Usage rose to counter rising popular demand for constitutional amendments.
|
|
They disregarded the constitutional and legal importance of the undertaking.
|
|
"In Europe, data protection is a constitutional right," McGeveran said.
|
|
Clinics sue to protect their patient's constitutional right to abortion.
|
|
Nor did she have the constitutional powers to stop it.
|
|
The Constitutional Court, the country's highest, took a different approach.
|
|
On Wednesday, the Constitutional Court overturned the lower court's ruling.
|
|
"I am not a constitutional scholar on that," McCain continued.
|
|
The foremost is patience: Constitutional mechanisms work slowly by design.
|
|
On the contrary, constitutional crises tend to creep up slowly.
|
|
Jury nullification is a proud part of our constitutional history.
|
|
The current constitutional standard under the Supreme Court's Roe v.
|
|
By the summer of 1776 constitutional arguments had become irrelevant.
|
|
And progressives rediscovered the treasure that is our Constitutional inheritance.
|
|
Both parties have professed a desire to restore constitutional norms.
|
|
The constitutional role of head of state is largely ceremonial.
|
|
At the Constitutional Convention in 1787, the tables were turned.
|
|
Why are Republican politicians unwilling to discharge their constitutional responsibilities?
|
|
Individuals still would have a constitutional right to possess guns.
|
|
Within hours Guatemala's Constitutional Court provisionally blocked Mr. Morales's decree.
|
|
To his credit, Bork testified candidly about his constitutional vision.
|
|
The Constitutional Court is stacked with judges appointed by Fidesz.
|
|
The Commons Speaker, John Bercow, called it a "constitutional outrage".
|
|
Firearm regulations would be harder to sustain against constitutional challenges.
|
|
The United States is a representative democracy, a constitutional republic.
|
|
"Our redistricting process was entirely lawful and constitutional," he said.
|
|
Besides "fake news," the country now has fake constitutional norms.
|
|
"We intend to do our constitutional responsibility," Mr. McConnell said.
|
|
Congress originally passed the proposed constitutional amendment in the 1970s.
|
|
But the government maintains that those constitutional concerns are inaccurate.
|
|
Are we in what some might call a "constitutional crisis"?
|
|
They are not partisans but stewards of our constitutional democracy.
|
|
We dare not fail this test of our constitutional government.
|
|
Sidebar President Trump is transforming the study of constitutional law.
|
|
Constitutional scholars sounded both anxious and energized by these developments.
|
|
Dr. Xi is suing for violations of his constitutional rights.
|
|
Critics say that's a violation of the president's constitutional powers.
|
|
Undeterred, Innoventive challenged the constitutional validity of the new law.
|
|
Our constitutional system of checks and balances is at stake.
|
|
Kavanaugh was also receptive to the arguments of constitutional violation.
|
|
Erdogan says the constitutional changes will give Turkey stronger leadership.
|
|
Our constitutional Republic was designed to have checks, and balances.
|
|
Calling this a "courtesy" does not lessen the constitutional concerns.
|
|
"Hedge funds are not generally constitutional formalists," he said, dryly.
|
|
The DACA program suffers from exactly the same constitutional infirmity.
|
|
The BJP has pulled off similar midnight constitutional coups before.
|
|
As they see it, they're simply protecting unalienable constitutional rights.
|
|
Few today would argue that, say, flogging would be constitutional.
|
|
It is a parliamentary impasse verging on a constitutional crisis.
|
|
However he also believed people have to respect constitutional rights.
|
|
Wade, the 1973 decision establishing a constitutional right to abortion.
|
|
History has always been integral to interpreting American constitutional law.
|
|
"But this time, with the guidelines of the constitutional court."
|
|
" She added, "Do your constitutional duty and impeach the president.
|
|
Democratic accountability is a cardinal principle in a constitutional republic.
|
|
Hirono asked if such a registry would create constitutional problems.
|
|
Mr. Karoui's presence in the runoff poses a constitutional quandary.
|
|
And that is anathema to our system of constitutional liberties.
|
|
"This case is a type of constitutional lawsuit," he said.
|
|
Wade, the 1973 decision declaring a constitutional right to abortion.
|
|
Either you believe in that constitutional process or you don't.
|
|
Stephen F. RohdeLos AngelesThe writer is a retired constitutional lawyer.
|
|
"I don't know if that regulation is constitutional," he said.
|
|
Jamie Raskin, a Maryland Democrat and former constitutional law professor.
|
|
"I personally don't think it's constitutional," said Louisiana Republican Sen.
|
|
He is a president in a constitutional model of government.
|
|
I am admittedly a Madisonian scholar and a constitutional formalist.
|
|
Consider the constitutional power of Congress to regulate interstate commerce.
|
|
The constitutional deadline to name a replacement expires on Thursday.
|
|
I'm willing to go to jail for my Constitutional rights.
|
|
In the constitutional law world, this was a big deal.
|
|
"This is not a constitutional issue I've studied," said Sen.
|
|
The constitutional deadline to name a replacement expired on Thursday.
|
|
I support any appropriate constitutional mechanism to hold him accountable.
|
|
The 2010s revealed that America's constitutional system is profoundly broken.
|
|
Yet few analyses have looked at the actual constitutional text.
|
|
That has nothing to do with undercutting the constitutional order.
|
|
He sued, believing that his constitutional rights had been violated.
|
|
I'm ready to fulfill my constitutional duty in the Senate.
|
|
They've also raised questions about whether the bills are constitutional.
|
|
However, it differed on whether white supremacists' speech is constitutional.
|
|
"There are no caps on federal constitutional violations," said Gordon.
|
|
If it wasn't already a constitutional crisis, it is now.
|
|
The Constitutional Court is expected to rule in coming months.
|
|
A constitutional clash between President Trump and Congress appears imminent.
|
|
That's a chilling distinction for the world's first constitutional republic.
|
|
Wade, the case that established a constitutional right to abortion.
|
|
Of course, all this may be overshadowed by constitutional crisis.
|
|
So the emergency declaration is not itself a constitutional emergency.
|
|
Authoritarian leaders often chafe under the constraints of constitutional rule.
|
|
These are among the most revered of our constitutional rights.
|
|
"This is a constitutional crisis," the former Texas congressman wrote.
|
|
The judges said the maps violated Democratic voters' constitutional rights.
|
|
If they were mere employees, there is no constitutional problem.
|
|
Congress must determine whether there has been a constitutional offense.
|
|
Susan Sommer, director of Constitutional Litigation for Lambda Legal, disagrees.
|
|
The Senate has a constitutional responsibility to scrutinize SCOTUS nominees.
|
|
He determined that the strip search compromised her constitutional rights.
|
|
Trump's lawyers argue the panel's demand exceeded Congress's constitutional limits.
|
|
People's constitutional rights are being messed with for political gain.
|
|
Changing the federal pardon power would require a constitutional amendment.
|
|
Our only constitutional remedy is after the fact, through impeachment.
|
|
We are drifting perilously close to a serious constitutional crisis.
|
|
A constitutional amendment is a very difficult thing to accomplish.
|
|
In its final ruling after several years of legal disputes over the central bank's use of outright monetary transactions (OMT), German's constitutional court has said that constitutional complaints against the OMT program are unsuccessful.
|
|
NAIROBI, Kenya – Burundi&aposs main opposition coalition has asked the constitutional court to invalidate the results of last week&aposs referendum on constitutional changes to allow the president to stay in power until 2034.
|
|
D. Has No Constitutional Right to An Abortion," on the grounds that she has "no connection to the United States … and cannot avail herself of the constitutional rights afforded those legally within our borders.
|
|
We must build a movement to pass a constitutional amendment to abolish the concept that a corporation possesses the constitutional rights of a person, and the equally odious concept that money is political speech.
|
|
And, of course, Sims' justification for his actions, based on trying to "defend the constitutional rights of women," flew directly in the face of his bullying other women trying to exercise their constitutional rights.
|
|
Kampala, Uganda (CNN)A Ugandan constitutional court ruling that upholds a constitutional amendment to remove the presidential age limit will likely allow President Yoweri Museveni to extend his 32-year iron grip on power.
|
|
Some confrontations are constitutional Confrontations between a President and Congress are written into the US constitutional system, and in many ways are a sign that the system of shared political power is working properly.
|
|
Suggesting that a constitutional amendment is needed simply creates a nearly insurmountable roadblock to progress — constitutional amendments need to be ratified by 38 states — and distracts from the already difficult problems of political organizing.
|
|
The regime went from being outright authoritarian to a hybrid mix starting in 3.83 when it reinstated constitutional processes, but the rulers have maintained their control by tactically using political, economic and constitutional reforms.
|
|
Perhaps the coronavirus crisis is an opportunity to show that another element of the constitutional system — the citizenry's willingness to consider constitutional questions even when they seem remote from immediate emergencies — is resilient too.
|
|
They should treat policies like the Medicaid expansion as essential efforts to achieve economic security, treating them as obviously constitutional in the same way that core civic institutions like jury duty are obviously constitutional.
|
|
The constitutional tools that outgoing authoritarian elites use to accomplish these ends include factors like electoral system design, legislative appointments, federalism, legal immunities, the role of the military in politics and constitutional tribunal design.
|
|
First, the Constitution doesn't indicate what is supposed to happen if the House tries to exercise its constitutional power of oversight to investigate the president and the president flatly rejects the House's constitutional authority.
|
|
"I believe one of President Trump's most lasting legacies will be the manner in which he has seriously and systematically used his constitutional authority to nominate constitutional originalists to the federal courts," Levin said.
|
|
Immunity that defends a lawmaker's freedom of speech is indeed "a constitutional institution that is very important," said Suzie Navot, a professor of constitutional law at the Striks School of Law near Tel Aviv.
|
|
When the religion is the basis for governance—think Koran as the country's "constitutional" authority—doesn't that change the analysis if the "constitutional authority" directs its citizens to wage war against the United States?
|
|
"It is a president's constitutional right to nominate a Supreme Court justice, and it is the Senate's constitutional right to act as a check on a president and withhold its consent," McConnell said then.
|
|
Constitutional lawyer Salim Zaidán told CNN, however, that Wednesday's verdict was binding and that same-sex couples would be able to marry as soon as the constitutional court notifies local government offices of their decision.
|
|
And apart from OLC's constitutional view, we recognized that a federal criminal accusation against a sitting President would place burdens on the President's capacity to govern and potentially preempt constitutional processes for addressing presidential misconduct.
|
|
"It is a president's constitutional right to nominate a Supreme Court justice, and it is the Senate's constitutional right to act as a check on a president and withhold its consent," McConnell said in 2016.
|
|
But the question of how such a basis will be set - whether by a referendum on a constitutional draft, a new election law, or an adaptation of Libya's post-uprising constitutional declaration - was left open.
|
|
The president has taken to describing scrutiny by House Democrats as "presidential harassment," an awkward turn of phrase that his lawyer translated into constitutional terms by arguing that Congress' request infringes on Trump's constitutional rights.
|
|
Similarly, moments like the Comey firing, alongside attacks on the courts and the FBI, might inspires us to ask at what point contemplating the constant possibility of a constitutional crisis actually becomes a constitutional crisis.
|
|
Rather, it interpreted federal immigration law itself to require the hearings, under a doctrine known as "constitutional avoidance" that courts invoke to interpret statutes in a way that avoids the need for a constitutional ruling.
|
|
Read her analysis on constitutional literacy, constitutional rights, the country's crisis of compassion, war power, the Supreme Court, presidential power, the presumption of innocence, the power of regulations, role of independent agencies and pardon power.
|
|
"The bare conclusion that a president has committed legally impeachable offenses does not mean that the House has a constitutional duty to impeach or that the Senate has a constitutional duty to convict," he said.
|
|
However, he said they haven't shown they are likely to succeed on a claim that the law violates their constitutional equal protection rights, and he reserved judgment on another constitutional claim related to due process.
|
|
A bill calling a referendum on the constitutional reform on Dec.
|
|
Elizabeth Wydra of the progressive Constitutional Accountability Center sees things differently.
|
|
In Casey, a five-justice majority reaffirmed constitutional protection for the
|
|
These contents go to the root core of our constitutional republic.
|
|
Also, the president does have constitutional authority over the judicial branch.
|
|
Constitutional amendments are hard to pass, while public opinion appears hostile.
|
|
The constitutional amendment requires approval at next year's convention for ratification.
|
|
But he also said the measure would likely survive constitutional challenge.
|
|
Such statutory delegations dovetail neatly with the president's purely constitutional authorities.
|
|
Washington state argued that it violated constitutional protections against religious discrimination.
|
|
But does it rise to the level of a constitutional crisis?
|
|
South Korea's Constitutional Court is deliberating whether to uphold that impeachment.
|
|
No Brett Kavanaugh who wants to take away our constitutional rights.
|
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The nation hasn't always stood by its constitutional values, he said.
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" Still, "the magnitude of passing a constitutional amendment is still there.
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The Electoral College was devised at the Constitutional Convention in 1787.
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That law will rely on the constitutional changes made on Monday.
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Legal experts were divided on whether this order would be constitutional.
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The motion should then pass to the constitutional court for consideration.
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The impeachment must be upheld or overturned by the Constitutional Court.
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It's a pretty solid bet that he doesn't believe it's constitutional.
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The appeals court isn't ruling on where the order is constitutional.
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Wade, which established that women have a constitutional right to abortion.
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Wade decision that women have a constitutional right to an abortion.
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French and Dutch voters sank the EU constitutional treaty in 2005.
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Wade, which established a woman's constitutional right to end a pregnancy.
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Over half (23.5%) said they're acting to uphold their constitutional duties.
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CBS has two Constitutional law experts, Jonathan Turley and Kim Wehle.
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Even before the lawsuit, constitutional scholars largely disagreed with her view.
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It is one of the most important constitutional checks and balances.
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The Constitutional Accountability Center is representing the congressional Democrats who sued.
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The constitutional provision is designed to prevent corruption and foreign influence.
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Manning refused to testify, citing her constitutional right to remain silent.
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Duffin said the confession obtained by investigators violated Dassey's constitutional rights.
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Mr Renzi has already wasted nearly two years on constitutional tinkering.
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The Constitutional Court has six months to rule on her fate.
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We look forward to now addressing the constitutional and other questions.
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Wade, holding that a woman has a constitutional right to abortion.
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"There is an interesting constitutional, jurisdictional issue there," Pound told Reuters.
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The reform, which required a constitutional amendment, enjoys broad public support.
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Jeff Clements is a constitutional lawyer and founder of American Promise.
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Technically, the lawsuit is a constitutional challenge to the state's statute.
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Worse, investors are unsettled by a constitutional referendum on December 4th.
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The April constitutional reform referendum would give Erdogan sweeping presidential powers.
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As long as it's not a criminal case, it's apparently constitutional.
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Wade decision, which deemed access to the procedure a constitutional right.
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Many Bhutanese harbour mixed feelings about the transition to constitutional democracy.
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Iceta has vowed to take his case to the Constitutional Court.
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As defenders of constitutional democracy, we find ourselves on the defensive.
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The president takes a constitutional oath to faithfully execute the law.
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One way to curb the "imperial presidency" would be constitutional reform.
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I'm assuming it's constitutional every single day when I go in.
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The constitutional court has yet to rule on her permanent removal.
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And I know it's not constitutional that they have a vote.
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Kabila has said he'll respect constitutional term limits and step aside.
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Wade decision affirming a woman's constitutional right to terminate her pregnancy.
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It's one of the most cherished principles of our constitutional tradition.
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There are no constitutional restraints on his power to do so.
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Wade decision, which guaranteed a woman's constitutional right to an abortion.
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He was referring to the Constitutional Reform and Governance Act 2010.
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That seems fundamentally unfair and a possible constitutional violation as well.
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That is especially true of pension reforms, which require constitutional amendments.
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The constitutional court blocked that order, but damage has been done.
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But for constitutional-carry advocates, no law prevents potentially irresponsible behavior.
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But no current emergency usurps Congress's constitutional power of the purse.
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But she was, for the most part, removed by constitutional means.
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Don't let Trump take away your constitutional right to cream sauce.
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"He's exercising his constitutional right to make a statement," Obama said.
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Thanks for joining us... JONATHAN TURLEY, CONSTITUTIONAL LAW ATTORNEY: Thanks, Martha.
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DEL VECCHIO: Because he has the constitutional right to remain silent.
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"You really could have a constitutional crisis here," King said. Rep.
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ONTARIO'S COURT OF APPEAL RULES CANADA'S FEDERAL CARBON TAX IS CONSTITUTIONAL
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Spain is thus entering its worst constitutional crisis since the 1930s.
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Federal demands on states "are both commonplace and constitutional," he said.
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In the past, for example, the EU has demanded constitutional reform.
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But it cannot hide the gravity of Spain's underlying constitutional crisis.
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Go deeper: Facebook's constitutional moment Facebook's pivot to private, encrypted services
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Your characterisation of the 1787 constitutional convention was also partly inaccurate.
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The other two rulings against Mr Ross add a constitutional violation.
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The most significant legislative measure, however, involves a potential constitutional change.
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This year they filed a case to overturn Honduras's constitutional ban.
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Their job is to exist, preferably without rocking the constitutional boat.
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Brexit has mired Britain in a constitutional morass of its own.
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Members also take constitutional dips every Sunday between November and April.
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We are losing the whole concept of our constitutional republic here.
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Constitutional scholars have said Cruz's citizenship will not be an issue.
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Wade holding that a woman has a constitutional right to abortion.
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Democrats were on message within minutes: special prosecutor, constitutional crisis, Nixonian.
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For years, Erdogan has been a strong advocate of constitutional reform.
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Finally, the constitutional reform bill aims to strengthen checks and balances.
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It welcomed the decision by Germany's Federal Constitutional Court on Wednesday.
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A policy by the way that is completely constitutional, completely sound.
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Nothing matters after the Constitutional Court rules against the impeachment bill.
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As Mark Levin says, we live in a post-constitutional America.
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It should be thoughtful, measured, constitutional -- and decisive for a victory.
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Constitutional text, was a theory sprung more from the justice's doctrinaire
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Here are some facts about the region and the constitutional change.
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The first is whether voters want a new constitutional at all.
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Blumenthal further said that firing Mueller would provoke a constitutional crisis.
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NIGATU: Baby's first constitutional crisis, I believe they have that book.
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Alas, term limits require a constitutional amendment, which will not happen.
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During the case, he asserted his constitutional right against self-incrimination.
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A key constitutional responsibility of Congress, appropriating money, has become dysfunctional.
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HERNANDEZ: They are not a protected class on the constitutional jurisprudence.
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The constitutional court then said the votes could not stop projects.
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Lawyers challenged the original executive order on two constitutional bases: 1.
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With that, many asked (again) if this was a constitutional crisis.
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I am a pro-growth, happy where Constitutional, limited government conservative.
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Fillon already has over 1,000, according to the constitutional council's website.
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We're now awaiting a verdict from the Constitutional Court of Italy.
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Courts, not city councils or voters, decide questions of constitutional interpretation.
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That is the decision that Germany's constitutional court is now reviewing.
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But what should be unbreakable is our commitment to constitutional government.
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But our nation—we're about to be in a constitutional crisis.
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But as in the United States, its constitutional safeguards are fragile.
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In the meantime, the President has now fulfilled his constitutional obligation.
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"Judge Garland ... should be afforded that same constitutional set of responsibilities."
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Wade decision in 214, which established a constitutional right to abortion.
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We can exercise our constitutional rights in a variety of ways.
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Then we may be witnessing the beginnings of a constitutional monarchy.
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Our independent judiciary is the crown jewel of our constitutional republic.
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The constitutional requirement to assess his ability to pay was ignored.
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If enacted, this law would almost certainly face a constitutional challenge.
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They have aided and abetted what is a massive constitutional violation.
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Sally Yates just shut down Ted Cruz on Constitutional Law. pic.twitter.
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Thirteen cases have gone all the way to Colombia's constitutional court.
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|
Constitutional reforms weakened the role of the military, especially its courts.
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|
One might be Andreas Vosskuhle, the head of the constitutional court.
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|
He continued to press constitutional change in Congo until he died.
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|
Left undecided was whether the underlying state law passed constitutional muster.
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|
Constitutional redemption was the defining ideal of Cold War liberal patriotism.
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That is not a legitimate or constitutional purpose of an impeachment.
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And that, my friends, was the end of our constitutional moment.
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Unjustifiable on constitutional grounds, no matter how vital the cause, right?
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Hodges, which gave same-sex couples the constitutional right to marry.
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But students have a well-established constitutional right to do so.
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Proposals by Senators Warren and Sanders may not pass constitutional muster.
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If constitutional bones that provide structure aren't nourished, they will break.
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|
Wade, the 1973 case that established a constitutional right to abortion.
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Originalists believe that history has an iron grip on constitutional meaning.
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|
This limitation, needless to say, finds additional support in constitutional principle.
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Some saw a dereliction of Constitutional duty, summed up by Rep.
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"This is a huge decision," an expert in constitutional law said.
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The Constitutional guarantee of due process affords him that basic right.
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Congress also has a constitutional prerogative to set the dollar's value.
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Constitutional framer James Madison helped create the free press in America.
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In a constitutional democracy, these are the right feelings to have.
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Would it be constitutional, Kagan asked, to bar them from marrying?
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Because, the Supreme Court apparently disagrees with this basic constitutional principle.
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Putting aside the thorny constitutional question, there are also practical problems.
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Without it, the remainder of our constitutional rights become less meaningful.
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|
Robins, couldn't establish their constitutional standing to sue the Soccer Federation.
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Neil Gorsuch became a Supreme Court justice under a constitutional cloud.
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We have a Senate that refuses to fulfill its Constitutional obligation.
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|
The letter also raised constitutional objections to requiring the President's testimony.
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|
Hodges in 2015 recognizing the constitutional right to same-sex marriage.
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A: It's one of the most remarkable turnarounds in constitutional law.
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|
Wade decision protecting a woman's Constitutional right to choose in 22019.
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If constitutional rules alone do not secure democracy, then what does?
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|
They are the authors of The Constitutional Foundations of Intellectual Property.
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|
A constitutional amendment, which does not require the signature of Gov.
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|
Lawrence Goldstone is the author of three books on Constitutional Law.
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|
Don't we want to go for democratic principles and constitutional reform?
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|
Such legislation might well pass constitutional muster with the Supreme Court.
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|
Thus, Congress has no constitutional authority to support the individual mandate.
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|
By constitutional design, impartial judges are chosen from among political partisans.
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|
Although Thailand is a constitutional monarchy, the king wields much power.
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|
It is constitutional reality, so there's no sense hiding from it.
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|
Graham warned that such a move could provoke a constitutional crisis.
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|
United Constitutional Patriots, the militia has not gone anywhere—and the
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But it doesn't rise to the level of a constitutional crisis.
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|
Wade, which is grounded in constitutional privacy rights not sex equality.
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|
Focusing on law abiding citizens excersizing their constitutional rights solves nothing.
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|
Connecticut 51 years ago, it has also been a constitutional right.
|
|
The Constitutional Council rejected all 18 petitions claiming fraud last week.
|
|
This raises important constitutional questions as well as issues of federalism.
|
|
That argument led to a prolonged constitutional debate among House Republicans.
|
|
The critical missing element in any constitutional challenge remains state action.
|
|
Previous news media surveys showed even less support for constitutional revision.
|
|
Has the BVA finally cracked the constitutional code of mass adjudication?
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|
Sending big business packing would be a great "constitutional populist" storyline.
|
|
The right to petition our government is a core constitutional privilege.
|
|
What began as a policy dispute had become a constitutional crisis.
|
|
Constitutional amendments are often viewed as extreme and largely impossible measures.
|
|
Yearning for a clear answer, derivable from constitutional text, is understandable.
|
|
Ricardo Rosselló and his closest advisors, caused an unprecedented constitutional crisis.
|
|
No, Barack Obama is fighting to preserve constitutional democracy for America.
|
|
America already has one post-constitutional party, we don't need another.
|
|
Wade, the 1973 case that recognized the constitutional right to abortion.
|
|
The Sixers opted for a classic callback to Philadelphia's constitutional roots.
|
|
To change this, they argue that you'd need a Constitutional Amendment.
|
|
He may appeal the Supreme Court's ruling before the Constitutional Court.
|
|
Liberal firebrands, claiming that it's their constitutional duty, clamor for impeachment.
|
|
This trend is contrary to the notions of our constitutional republic.
|
|
I don't know that that's within the constitutional right of Congress.
|
|
All Trump has to do is pick a solid constitutional conservative.
|
|
Centrist Democrats, however, defended the activists for exercising their constitutional rights.
|
|
After the constitutional court judgment, calls for her removal gained momentum.
|
|
He was a constitutional conservative even when surrounded by liberal academia.
|
|
People keep talking about the impending constitutional crisis, but we're there.
|
|
A temporary regent ruled Thailand during this period of constitutional uncertainty.
|
|
He had promised free elections and a return to constitutional government.
|
|
Today, there's a system that functionally ignores constitutional speedy-trial rights.
|
|
Wade, the 1973 decision that established a constitutional right to abortion.
|
|
Nevertheless, our constitutional democracy is proving unable to legislate commonsense solutions.
|
|
Last Wednesday, the Constitutional Tribunal struck down the legislation as unconstitutional.
|
|
He explained that public prayer at official government ceremonies is constitutional.
|
|
The President's authority is subject to certain statutory and constitutional restraints.
|
|
Auerbach will be reading voter information, electoral statistics, and constitutional quotes.
|
|
"I always explain that taking maternity leave is constitutional," Horie says.
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