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Patchwork revisions have often instituted short-term fixes, rendez-vous clauses, and deferrals to punt the difficult questions for resolution at the time of the next overhaul.
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Part V shows that the Bush challenge to the recount presented a political question for resolution by Congress rather than a justiciable question for an Article III court.
As with many death penalty issues, it is tempting to view the question of juror instructions solely as a question for resolution by the Supreme Court as a matter of federal constitutional law.
We live in a society that chooses with increasing frequency to leave its most difficult questions for judicial resolution.
"But the questions of global climate change and its effects – and the proper balance of regulatory and commercial activity – are political questions not suited for resolution by any court," the states say.
The question for our resolution is whether respondent was entitled to have this element of the crime determined by the jury.
At its threshold the Chevron test requires the reviewing court to use the "traditional tools of statutory construction" to determine if Congress expressed a clear intention concerning the interpretive question or, by virtue of indeterminacy, left the question for agency resolution.
"is simply that to require federal courts to determine whether a consent decree is in the public interest is to transfer an 'executive' question to the courts for resolution.
The question of resolution independence, then, again rears its head.
The ability to drive excitation and inhibition in the same neuron, using two different wavelengths of light, may open up the ability to answer questions for which no current technology permits resolution.
Still, it continued, "although the question of the proper interpretation of the Second Amendment is significant, this case simply does not present that question in a manner suitable for resolution".
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