Other presidential countries have periodically revised the US model to constitutionalize many indirect legislative powers.
|
|
Today's opinion suggests that, notwithstanding Justice Kennedy's strong free-speech views, there was a broad consensus on the Court that it would be best not to definitively resolve, and constitutionalize, this kind of case.
|
|
"Enshrining a constitutional right to an abortion based solely on the race, sex or disability of an unborn child, as Planned Parenthood advocates, would constitutionalize the views of the 20th Century eugenic movement," Thomas wrote.
|
|
"Enshrining a constitutional right to an abortion based solely on the race, sex, or disability of an unborn child, as Planned Parenthood advocates, would constitutionalize the views of the 20th-century eugenics movement," Thomas wrote.
|
|
On Tuesday, Justice Clarence Thomas suggested that pregnancy terminations on the basis of race, gender or disability "would constitutionalize the views of the 20th-century eugenics movement," though he ultimately concurred with the Supreme Court's decision not to reinstate an Indiana law banning abortions of fetuses diagnosed with disabilities.
|
|
Even assuming the Framers believed it important to constitutionalize a limited right to self-defense, as Scalia essentially concluded, more than 200 years later, the utility of such a right has been supplanted by the development of modern and effective public police forces responsible for keeping the peace, as well as a professional military with a long and deep history of subordination to civilian leadership.
|
|
There are serious doubts as to whether Borg shares this commitment. As Minister of Justice in Malta, he repeatedly and vigorously opposed women’s sexual and reproductive rights and even campaigned in 2004 to constitutionalize the abortion ban in his home country. In 2011, he also strongly opposed the legalisation of divorce in Malta.
|
|
The 1980s witnessed the reappearance of fetal protection in the workplace, aimed at guarding fetal health in potentially hazardous working conditions. In 1983, Ireland was one of the first countries in the world to constitutionalize a fetal right to life by passing the Eighth Amendment to the Constitution, later repealed in September 2018.
|
|
Hogg, Peter W. Constitutional Law of Canada'. 2003 Student Ed. (Scarborough, Ontario: Thomson Canada Limited, 2003), p. 631. Section 35 of the Constitution Act, which falls outside the Charter, does constitutionalize some aboriginal rights. As Hogg notes, this makes section 25 altogether less important than section 35, but Corbiere leaves open the possibility that rights not constitutionalized by section 35 can have some protection under section 25.
|
|
Prime Minister Pierre Trudeau was a major advocate of the Charter.The inclusion of a charter of rights in the Constitution Act was a much-debated issue. Trudeau spoke on television in October 1980, where he announced his intention to constitutionalize a bill of rights that would include: fundamental freedoms, such as the freedom of movement; democratic guarantees; legal rights; language rights; and equality rights.Weinrib, Lorraine E. 1998.
|
|
Sims, and Loving v. Virginia. In this book, Berger argues that the Fourteenth Amendment should be interpreted based on the original intent of its draftsmen. Berger argues that this is how the U.S. Constitution was historically interpreted as well as how the draftsmen of the 14th Amendment intended for this Amendment to be interpreted. Berger also argues that the sole purpose of the Fourteenth Amendment was to constitutionalize the Civil Rights Act of 1866.
|
|
Section 25 of the Canadian Charter of Rights and Freedoms is the first section under the heading "General" in the Charter, and like other sections within the "General" sphere, it aids in the interpretation of rights elsewhere in the Charter. While section 25 is also the Charter section that deals most directly with Aboriginal peoples in Canada, it does not create or constitutionalize rights for them. The Charter is a part of the larger Constitution Act, 1982. Aboriginal rights, including treaty rights, receive more direct constitutional protection under section 35 of the Constitution Act, 1982.
|
|
It was not clear that the Bill of Rights forbid state governments from supporting religious education, and strong legal arguments were made by religious proponents, arguing that the Supreme Court should not act as a "national school board", and that the Constitution did not govern social issues.Walker, p. 221. However, the ACLU and other advocates of church/state separation persuaded the Court to declare such activities unconstitutional. Historian Samuel Walker writes that the ACLU's "greatest impact on American life" was its role in persuading the Supreme Court to "constitutionalize" so many public controversies. In 1948, the ACLU prevailed in the McCollum v.
|
|
"The limited First Amendment interest involved here," White began his conclusion, "does not require that Connick tolerate action which he reasonably believed would disrupt the office, undermine his authority, and destroy close working relationships." He said the decision was not a narrowing of free speech rights but a reasonable response to the facts of the case. "[I]t would indeed be a Pyrrhic victory for the great principles of free expression if the Amendment's safeguarding of a public employee's right, as a citizen, to participate in discussions concerning public affairs were confused with the attempt to constitutionalize the employee grievance that we see presented here."Connick, 461 U.S. at 154.
|
|