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Importantly, the new ruling casts no doubt on the constitutionality of the urgently needed federal disclosure bill Senate Republicans succeeded in blocking in July.
Harlan vigorously dissented, writing, "I had not expected to witness the day when the Supreme Court of the United States would render a decision which casts grave doubt on the constitutionality of the composition of the House of Representatives.
This view might have sounded good politically to the Ashcroft Justice Department [pdf], but now the Bush Administration realizes that the lower-court decision could "cast doubt on the constitutionality of" common-sense gun control laws like the "federal machine gun ban," the restrictions on firearm possession by felons, and the licensing of gun dealers.
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The ruling came in a 15-year-old dispute about a United States Senate race in Colorado that had reached the Supreme Court once before, in 1996, when a divided court cast doubt on the limits' constitutionality without resolving the issue.
In arguing to the contrary, the government posits a reading of the latter phrase so expansive – and in particular, in such tension with the doctrine of separation of powers – as to cast doubt on the AWA's constitutionality if adopted.
There is no doubt about the constitutionality here the government is clearly allowed to levy taxes to fund public benefits.
Meadows, too, expressed some doubt over the constitutionality of the change.
Kavanaugh is one of the most outspoken champions of unitary executive theory ― essentially, unchecked presidential power over the executive branch ― on the bench, and Democrats would no doubt press him about his views on the constitutionality of the special counsel and other matters regarding the probe. .
As Justice Stephen Breyer said in one of two dissents, the decision "threatens to throw into doubt the constitutionality of gun laws throughout the United States".
Stimson himself had grave doubts about the constitutionality of a plan based on the "racial characteristics" of a particular minority group.
In any case in which there is doubt as to the constitutionality of a law, lower courts must stay the proceedings and submit a question to the Federal Constitutional Court.
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