Although the Court has invoked the endorsement test in all sorts of cases involving challenges to many types of government action, including school funding and school prayer, the test is most relevant and useful to evaluating the constitutionality of religious displays, such as crèches, crosses, and the like, which send the message that government is favoring religion.
Many military and foreign policy questions, such as the constitutionality of a particular war, likewise have been considered political and therefore nonjusticiable.
The Court, they hope, would also deal with the related issue lof the constitutionality of un declared wars, such as the war in Vietnam.
We pointed out in the Murdock case that the distinction between 'religious' activity and 'purely commercial' activity would at times be 'vital' in determining the constitutionality of flat license taxes such as these.
That consideration applies also to the few Acts, passed since the creation of the circuit courts of appeals, which allow cases to come here directly from the district court where issues of great public importance, such as the constitutionality of legislation, are at stake.
Thus, the constitutionality of state immigration laws such as SB 1070 and LAWA should be interpreted within an anti-commandeering framework.
issues involving the constitution, such as the constitutionality of a law.
Its jurisdiction extends to areas such as ensuring the constitutionality of proposed legislation and of international agreements and ensuring that national laws are in compliance with international agreements.
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.
If there is no evidence that intrusive spying is necessary, than its constitutionality will be as imaginary as the examples used to justify it.
This provision essentially imposes an additional period of control on the sex offender, and commentators such as Tom O'Malley have questioned its constitutionality.
