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The legislating authority of a government is exercised on the basis of what ought to be.
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This takes the value one when states/provinces have authority over taxing, spending, or legislating and zero otherwise.
(a) This Court's decisions indicate that Congress has the authority to override States' immunity when legislating pursuant to the Commerce Clause.
Because Hans was brought into federal court via the Judiciary Act of 1875 and because he Court there held that the suit was barred by the Eleventh Amendment, Justice SCALIA argues, that case disposed of the question whether Congress has the authority to abrogate States' immunity when legislating pursuant to the powers granted it by the Constitution.
At the moment, it appears not to include the less-daft option of legislating marriage equality before that legislation is triggered (or not) by the plebiscite vote.
It frees politicians to go beyond the particulars of what they're legislating, and to remember what they're legislating for.
1613, permits a suit for monetary damages against a State in federal court and, if so, whether Congress has the authority to create such a cause of action when legislating pursuant to the Commerce Clause.
The Republican landslide in the 2010 mid-terms swept a new breed of conservative zealot into office, destroying the middle ground and making legislating next to impossible.
"Legislating Without Constraints: The Effect of Minority Districting on Legislators' Responsiveness to Constituency Preferences".
"Legislating Stock Prices". Harvard Business School Working Paper, No. 13-010, July 2012.
Designed to make legislating difficult, it has recently looked dysfunctional.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com