State Constitutions in the Federal System: Selected Issues and Opportunities for State InitiativesAdvisory Commission on Intergovernmental Relations, 1989 - Počet stran: 122 |
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Strana 10
... argument might have had in the 1950s and 1960s , it needs to be reevaluated in the context of the 1980s . Two impor- tant changes appear to make it somewhat less com- pelling . First , state political processes are more receptive to the ...
... argument might have had in the 1950s and 1960s , it needs to be reevaluated in the context of the 1980s . Two impor- tant changes appear to make it somewhat less com- pelling . First , state political processes are more receptive to the ...
Strana 14
... argument of the majority in Garcia . 28 This was reaffirmed in Barron v . Baltimore , 32 U.S. 243 ( 1833 ) . 29 One ... arguments of John Ely , De- mocracy and Distrust : A Theory of Judicial Review ( Cambridge : Harvard University Press ...
... argument of the majority in Garcia . 28 This was reaffirmed in Barron v . Baltimore , 32 U.S. 243 ( 1833 ) . 29 One ... arguments of John Ely , De- mocracy and Distrust : A Theory of Judicial Review ( Cambridge : Harvard University Press ...
Strana 19
... arguing that the judiciary is institutionally incompe- tent to weigh the relative benefits and burdens of state economic regulations.48 In this regard , judicial skepticism is supported by theoretical arguments that dormant commerce ...
... arguing that the judiciary is institutionally incompe- tent to weigh the relative benefits and burdens of state economic regulations.48 In this regard , judicial skepticism is supported by theoretical arguments that dormant commerce ...
Strana 30
... argument largely echoes the position taken by then - As- sociate Justice Rehnquist against balancing state safety considerations against burdens on interstate commerce in transportation regulations . See , e.g. , Kassel , 691-93 ...
... argument largely echoes the position taken by then - As- sociate Justice Rehnquist against balancing state safety considerations against burdens on interstate commerce in transportation regulations . See , e.g. , Kassel , 691-93 ...
Strana 34
... ( arguing that Michigan v . Long is not " invasive " of state court preroga- tives in any meaningful sense ) . 100 An enigmatic footnote in the Michigan v . Long majority opinion , 1041 n . 6 , gives reason for concern over what , indeed ...
... ( arguing that Michigan v . Long is not " invasive " of state court preroga- tives in any meaningful sense ) . 100 An enigmatic footnote in the Michigan v . Long majority opinion , 1041 n . 6 , gives reason for concern over what , indeed ...
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State Constitutions in the Federal System: Selected Issues and Opportunities ... Úplné zobrazení - 1989 |
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action adopted authority Bill of Rights California chapter citizens civil liberties civil rights claims Commission common law compensation Congress consti constitutional law constitutional provisions criminal decisions defendant districts diversity dormant commerce clause due process clause economic regulation economic rights employer enacted enforcement equal protection clause eral example exclusionary rule federal constitutional federal courts federal law federal system Fifth Amendment Fourteenth Amendment Fourth Amendment gender grant grounds guarantees high court Ibid independent intentional tort interest interpretation invalidated issues Jersey Journal of Federalism judges judiciary jurisdiction Justice Law Journal Law Review legislative legislature limit ment Michigan Ohio Pennsylvania political preempted preemption preme Court Press procedural prohibiting property rights reform regulatory requirement role S.Ct school finance law sions state's statute substantive due process takings clause tion tional tive tutional U.S. Constitution U.S. Supreme Court uniformity United violation workers York
Oblíbené pasáže
Strana 60 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Strana 109 - ... with such salaries to the masters, paid by the public, as may enable them to instruct...
Strana 27 - Rice v. Santa Fe Elevator Corp., 331 US 218, 230, 67 S.Ct. 1146, 1152,91 L.Ed. 1447: "Congress legislated here in a field which the States have traditionally occupied. ... So we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.
Strana 45 - Municipal corporations owe their origin to, and derive their powers and rights wholly from, the Legislature. It breathes into them the breath of life, without which they cannot exist. As it creates, so it may destroy. If It may destroy, it
Strana 60 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.
Strana 15 - The General Assembly shall provide for the maintenance and support of a thorough and efficient system of public schools, wherein all the children of this Commonwealth, above the age of six years, may be educated, and shall appropriate at least one million dollars each year for that purpose.
Strana 99 - All courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay.
Strana 39 - State legislatures are, historically, the fountainhead of representative government in this country. A number of them have their roots in colonial times, and substantially antedate the creation of our Nation and our Federal Government. In fact, the first formal stirrings of American political independence are to be found, in large part, in the views and actions of several of the colonial legislative bodies. With the birth of our National Government, and the adoption and ratification of the Federal...
Strana 29 - Nation, that no home embargoes will withhold his exports, and no foreign state will by customs duties or regulations exclude them. Likewise, every consumer may look to the free competition from every producing area in the Nation to protect him from exploitation by any. Such was the vision of the Founders; such has been the doctrine of this Court which has given it reality.
Strana 60 - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services ; which not being descendible, neither ought the offices of magistrate, legislator, or judge, to be hereditary.