This case is before the Court, however, because the court below vitiated that remedy, finding first that the overpayment statute was inapposite and further that Minnesota law provided a constitutionally
sufficient predeprivation remedy, to wit: the assessment protest statute, which had never before been extended to cover the non-discretionary act of calculating tax bills.
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.
Finally, it has been suggested that the UISUTA may be constitutionally
challenged because it may result in the imposition of an interstate tax on a purchaser who has insufficient nexus with the taxing jurisdiction.
Morally, politically and constitutionally
the Congress cannot seek the post of LoP," said Trivedi.
Magistro was angry, telling The Asbury Park Press that her concern was for "the students who have come forward and expressed to their parents an uncomfortableness or questioned their teacher or their parents about what is constitutionally
Yet the judicial activists have the audacity to suggest that the exercise of constitutionally
granted congressional checks and balances of the judiciary somehow constitutes an end run around those powers.
--Texas governor RICK PERRY, responding to a question about the state's gay military veterans, during a June 5 ceremony at a Fort Worth church school, where he signed a bill scheduling a ballot initiative to ask voters to constitutionally
ban same-sex marriage
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." That has not happened yet, he believes, because "courts across the country have done the right thing," while "31 states on their own have now banned municipal lawsuits against gun makers."
In spending its own money, the Court reasoned, a government can choose which activities to subsidize, and the failure to subsidize a constitutionally
protected activity--such as obtaining an abortion--is not necessarily unconstitutional.
permissive force always is preemptive in nature.
The Supreme Court ruled that l)school boards have no constitutionally
protected autonomy; that there has been no discrimination against them; and 2)that the Alberta government's cost cutting and restructuring was constitutional.
"Rather, the state taxes the income indirectly by requiring a dollar-for-dollar offset of constitutionally
protected income against interest expense." The Institute urged the Court to reject California's covert attempt to tax the income as violative of due process.