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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.
In reaching its decision, the appeals court noted the "little guidance" the Supreme Court has provided since first ruling for an expanded reading of the Second Amendment in 2008, and went on to apply its own "framework for determining the constitutionality of firearm restrictions".
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A nine-member Constitutional Council determines the constitutionality of legislation.
The judge, Michael McLaughlin, has been asked to determine the constitutionality of a new law banning taxpayer-financed abortions prescribed to protect the health of poor women.
Justice Antonin Scalia, writing the majority opinion today, said that "this case does not require us to determine the constitutionality of open primaries".
The Supreme Court also exercises the power of judicial review, enabling it to determine the constitutionality of any law, order, regulation, or official act.
THE much-anticipated trial to determine the constitutionality of California's Proposition 8 is scheduled to begin this morning in the case of Perry v. Schwarzenegger.
This was the third time in four years that the Appellate Division was asked to determine the constitutionality of the police practice of stopping cars without having specific suspicions about their passengers and drivers.
"The decision in this case will, in effect, determine the constitutionality of nearly all the statutes in force in the United States, limiting the hours of labor of adult women," Brandeis explained in his brief.
This was one of three federal trials held to determine the constitutionality of the ban on a procedure called intact dilation and extraction by doctors and partial-birth abortion by anti-abortion groups.
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