These laws have no valid applications, not because every token of flag burning, speech by Republicans, or speech criticizing the government is constitutionally
immune to regulation, but because such acts are constitutionally
immune to regulation under rules the terms of which refer to certain disfavored ideas or persons.
Calling the House "the most constitutionally
vulnerable of the three branches" to continuity problems, the commission recommended a constitutional amendment giving governors the power to appoint emergency replacements until elections could be held (thanks to the 17th Amendment, senators can already be replaced by gubernatorial appointment).
Brosseau provides one example of a use of force by a police officer that, while constitutionally
questionable, was certainly in the "sometimes hazy border between excessive and acceptable force," and, therefore, the officer was entitled to qualified immunity.
Unless the Supreme Court grants certiorari and says other wise, investment tax credits based on the location of an investment are constitutionally
Section 2204(c)(1) of title 44 provides that exemption (b)(5) of section 552 is not available to the Archivist as a basis for withholding records, but section 2204(c)(2) recognizes that the former President or the incumbent President may assert any constitutionally
based privileges, including those ordinarily encompassed within exemption (b)(5) of section 552.
Thus, a law or an administrative rule can be constitutionally
optional, but so too can an administrative or judicial decision in an individual case not covered by a pre-existing rule.
Some observers believe that the UISUTA's underlying premise, that the state of origin can impose a tax on sales bound for other states, is constitutionally
The Massachusetts Association of Criminal Defense Lawyers objects to statements made in the current campaign for governor suggesting that persons who perform the constitutionally
mandated role of attorney for the defense in criminal cases are unfit for or disqualified from public office.
The coach did not take kindly to the school district's demands that he discontinue his constitutionally
5528, denominated the Pornography Jurisdiction Act, which provides, in part, "No court created by Act of Congress shall have jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide a question of whether a State pornography law imposes a constitutionally
invalid restriction on the freedom of expression.
Unsatisfied with Scalia's explanation that privacy is not constitutionally
protected, Berndt then asked, "Do you sodomize your wife?
But legal scholar Robert Levy, a senior fellow at the Cato Institute, argues that federal action is not constitutionally
appropriate "unless and until Second Amendment rights are compromised.