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The court did not set a fixed rule for determining the constitutionality of all visitation statutes.
But Crawford said the question carried no weight when it came to determining the constitutionality of the officer's action.
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.
To the extent that these allegations involve actions taken under the direct authority of Act No. 2, we think that they may properly be considered by the District Court in determining the constitutionality of the Act.
Moreover, the fact that private persons fail in a particular year to claim the tax relief to which they are entitled -- under a facially neutral statute -- should be of little importance in determining the constitutionality of the statute permitting such relief.
The case also involves the question whether, having passed such a law, valid on its face, the State can prosecute offenders in its own courts or whether United States courts have power to enjoin all state prosecutions merely because of a charge that the law is unconstitutional on its face, without first determining the constitutionality of the statute.
Similar(52)
A nine-member Constitutional Council determines the constitutionality of legislation.
A constitutional committee operated in conjunction with the Council of the Revolution, which determined the constitutionality of legislation.
III is not an unconditioned authority to determine the constitutionality of legislative or executive acts.
As in Kulko, the opinion below does not purport to determine the constitutionality of the California jurisdictional statute.
To determine that question, the statutory review must include the power to determine the constitutionality of § 12(a).
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