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III is not an unconditioned authority to determine the constitutionality of legislative or executive acts.
Justice Antonin Scalia galloped beyond the farthest boundaries of judicial propriety in secretly meeting on Capitol Hill to discuss the Constitution with Tea Party members of Congress saddled with a co-equal duty to assess the constitutionality of legislative action.
He mentions among his favorites: dense separation of powers cases — such as challenging the constitutionality of legislative vetoes by only one house of Congress — that require a deep dive into history.
(2) Courts ordinarily decline to determine the constitutionality of legislative enactments in a case where the record presents some other and clear ground upon which the judgment may rest.
The decision in the Greece v. Galloway, 12-696 case was the latest ruling in the ongoing issue of the constitutionality of legislative prayer.
The Supreme Court most recently upheld the constitutionality of legislative prayer in a 2014 ruling, declaring that institutions must have policies of nondiscrimination and that invocations must not coerce people of other faiths or nonbelievers.
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Neither bill has functioned as fully intended and both have been relegated to subordinate status due, in part, to questions regarding the constitutionality of a legislative veto, a key controversial provision in both legislation.
The case was Immigration and Naturalization Service v. Chadha, in which the court was asked to decide the constitutionality of the legislative veto.
Addressing the constitutionality of the legislative veto, for example, the Court found it necessary and proper to interpret Art.
A pair of Democratic senators from Baltimore County are among those challenging the constitutionality of the legislative redistricting plan that became law in Maryland earlier this year.
It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer to the courts an inquiry as to the constitutionality of the legislative act.
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CEO of Professional Science Editing for Scientists @ prosciediting.com