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The Waterman case, as we have said, raised only questions of coverage, not issues of constitutionality.
The Superior Court ruled in their favor on statutory grounds, finding, in part to avoid "issues of constitutionality," that the California Coastal Act of 1976, Cal.Pub.Res.Code Ann.
When analyzing issues of constitutionality, especially with regards to equal protection and due process issues, courts generally apply a balancing-test analysis between the government's legitimate interest versus whether the measures they have adopted are sufficiently related to furthering and purpose as well as whether they are sufficiently narrowly tailored and minimally burdensome.
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Mr. Norfolk is not the first person to raise the issue of constitutionality.
That effect would not be material to the issue of constitutionality if only the normal contours of the police power were involved.
But, he added, "by injecting the issue of constitutionality into it, by ignoring the Congress," Mr. Obama on Friday made it that much harder to find a long-term solution.
As a general rule, it is no less true with reference to State than to Federal legislation that this Court will not decide an issue of constitutionality if the case may justly and reasonably be decided upon a construction of the statute under which the act is clearly constitutional.
While Ramstad's bill would not settle the issue of constitutionality, he and other supporters hope that by clarifying the "fair rental value" language formerly used by the Internal Revenue Service, it will set the stage for settlement in a pending case, thereby ending the Ninth Circuit's threat to the allowance.
"As to the issue of constitutionality, I cannot comment on that because I do not have a law degree, but I would note that attorneys drew up the law". One opponent of the bill, Rep. John Blust (R-Greensboro), speaking during the floor debate, said the legislature was taking a side in a dispute.
Even Democratic senators who self-identify as fierce advocates for Israel homed in on the issue of constitutionality when rejecting Rubio's bill.
First, there's the issue of constitutionality: You can't exempt a group of people from laws for sentimental reasons, even if they are fighting (or about to fight) in a war.
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