They are only declaratory of a truth which would have resulted by necessary and unavoidable implication from the very act of constituting a federal government, and vesting it with certain specified powers.
I answer, first, that this question arises as well and as fully upon the simple grant of those powers as upon the declaratory clause; and I answer, in the second place, that the national government, like every other, must judge, in the first instance, of the proper exercise of its powers, and its constituents in the last.
A fourth concurs in the absolute necessity of a bill of rights, but contends that it ought to be
declaratory, not of the personal rights of individuals, but of the rights reserved to the States in their political capacity.
Miss Wisk's mission, my guardian said, was to show the world that woman's mission was man's mission and that the only genuine mission of both man and woman was to be always moving
declaratory resolutions about things in general at public meetings.
v, Redbridge Bedford, LLC, 2019 NY Slip Op 03526 (May 7, 2019) ("159 MP Corp."), the New York Court of Appeals (New York's highest court) ruled that a commercial tenant may, in its lease, waive its right to bring a
declaratory judgment action with respect to the lease.
It is seeking the monetary damages and a
declaratory judgement, resolving legal uncertainty over the contract.
The first part is a
declaratory ruling, which, if adopted at the Commission's June Open Meeting on Thursday, June 6, would allow voice service providers to provide call-blocking services by default.
The TRO is in relation to the petition for
declaratory relief filed by Peco against More Power, the Energy Regulatory Commission and the Department of Energy.
We reverse the circuit court's order dismissing appellant Citizens for Quality Rural Living, Inc.'s
declaratory judgment action and its appeal from respondent Greenville County Planning Commission's (the Commission's) decision approving respondent RMDC, Inc.'s subdivision plan.
The Retirees seek injunctive and
declaratory relief in the form of an order requiring the [defendant] City [of Pawtucket] to recalculate and pay the pensions owed to the retirees with the cost of living adjustment ('COLA') benefits that had been denied, and compensatory damages for the breach of contract, Contracts Clause, and Due Process Clause claims.
Whereupon, ASG filed a second
declaratory judgment action seeking a determination that its 2014 lawsuit had tolled the running of a three-year zoning freeze on its property, which ASG had obtained in 2013 with the 'Approval Under the Subdivision Control Law Not Required' ('ANR') endorsement of a plan of ASG's land, and that, accordingly, the June 2015 Zoning Ordinance amendments remained inapplicable to the ASG land during the pendency of the 2014 action.