Having established the religious nature of ID and exposed the religious motivations of the Dover board, Jones had no trouble concluding, "To preserve the separation of church and state mandated by the Establishment Clause of the First Amendment to the United States Constitution
The type of government formed by the United States Constitution
is called a monarchy.--
But the 1996 Defense of Marriage Act stipulates that "the United States Constitution
shall not be construed to require any state or territory to give effect to any public act, record, or judicial proceeding respecting a relationship between persons of the same sex that is treated as a marriage under the laws of another state or territory." That attempt to reach judicial proceedings, normally not subject to "public policy exceptions," adds a new wrinkle, says Silberman.
Does a "school choice" program, under which state funds are disbursed on a neutral basis to parents in the form of a voucher to defray the cost of sending their children to a school of their choice, run afoul of the Establishment Clause of the First Amendment to the United States Constitution
, or of the New Hampshire Constitution?
In interpreting the Arizona Constitution, Justice Feldman's opinions have insisted on the duty of the Arizona courts to independently enforce the state Constitution's specific, detailed, and sometimes unique protections of individual rights--i.e., that Arizona's courts not try to march in "lock step" with United States Supreme Court decisions that may give unduly narrow interpretations to similar rights in the United States Constitution
. He has pointed out that the Arizona Constitution's Declaration of Rights was adopted at a time when the United States Constitution
's Bill of Rights had not been made applicable to the States by the United States Supreme Court.
(2.) United States constitution
, Amendment 8 and U.S.
One of the charges against King George in the Declaration of Independence was that "He has made Judges dependent on His will alone, for the Tenure of their Offices, and the Amount and payment of their Salaries." Article III of the United States Constitution
, allocating judicial power to the judiciary with life tenure and salary protection, institutionalizes judicial independence as the "bulwark of the republic," in the words of Alexander Hamilton in The Federalist Papers.
Fifth Circuit Court of Appeals in New Orleans ruled in mid-October that the United States Constitution
guarantees the right of individuals to keep and bear arms.
"The fact that she was exploring and curious about this, and they prevented her from studying it, is a direct violation of the United States Constitution
," says John Butler, her lawyer.
Whatever their medium or message and regardless of whether their content is unpopular or upsets some people or is of poor quality, artistic creations are protected by the First and Fourteenth Amendments to the United States Constitution
. The First Amendment mandates that "Congress shall make no law ...
The Canadian Constitution, as amended in 1982, protects freedom of discourse in even more encompassing language than does the United States Constitution
, as amended in 1791.
-- the issue is whether the offset provision, which reduces a nondomiciliary company's interest expense deduction, dollar-for-dollar, for dividends received from nonunitary subsidiaries, discriminates against out-of-state companies and therefore violates both the Commerce and Due Process Clauses of the United States Constitution
. On February 20, the Institute filed an amicus letter with the court, not advocating any particular view, but rather simply urging the court to take the case because of the importance of the decision and because of significant U.S.