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Scalia vociferously opposes the idea of a living constitution, or the power of the judiciary to modify the meaning of constitutional provisions to adapt them to changing times.
The states argued that the executive order violated a raft of constitutional provisions and laws, notably the due-process clause and the establishment clause.
As a result both of constitutional provisions and of his personal relationship to de Gaulle, he tended to act more as the chief minister to the president than as head of the government.
"Iraq's Unsettling Constitution" (editorial, Aug. 23) argues that political shortsightedness may lead the Bush administration to drop its opposition to a number of constitutional provisions that months earlier it strongly opposed.
Mr. Bowen may find allies in two of the current court's more conservative members, Justices Antonin Scalia and Clarence Thomas, who have often joined with more liberal justices to enforce the original meaning of constitutional provisions protecting the rights of criminal defendants.
Justice Sotomayor recounted how the Court has not only allowed facial challenges to proceed "under a diverse array of constitutional provisions," but it has also done so under the Fourth Amendment specifically.
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Such "faint-hearted originalism" (Scalia 1989) may reduce, in the end, to a form of living constitutionalism.[19] Indeed, as we shall see in the next section, the role of judicial interpretations of abstract constitutional provisions is central to that prominent form of living constitutionalism which views constitutional interpretation as a form of common-law reasoning.
In forming the NCTC, it is not the Government's intent in any way to affect the basic features of the Constitutional provisions and allocation of powers between the States and the Union.
Even assuming legislatures want to act, doing so is not easy, in part because of state constitutional provisions.
"None of the constitutional provisions on their face even purport to bar slot machines," said James McGuire, counsel to Mr. Pataki.
We address Congress's authority to enact this remedy under each of these constitutional provisions in turn...
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of constitutional arrangements
of constitutional prohibitions
of constitutional proposals
of constitutional protections
of constitutional guarantees
of constitutional principles
of legal provisions
of statutory provisions
of federal provisions
of constitutional revisions
of constitutional procedures
of constitutional clauses
of constitutional safeguards
of constitutional changes
of other provisions
of constitutional violations
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