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There, as here, the State had asserted its substantial interest in ensuring "that sovereign functions must be performed by members of the State". Brief for Appellants in Sugarman v. Dougall, O.T. 1972, No. 71-1222, [p450] p. 10.
Instead, it "look[s] to the importance of the [governmental] function as a factor giving substance to the concept of democratic self-government". Ante at 441, n. 7. Applying this nebulous standard, the Court then concludes that Los Angeles County probation officers perform three "important sovereign functions of the political community". Ante at 445.
That's precisely what Jefferson was aiming for as he appealed for "guidance and support" from the "many charged with the sovereign functions of legislation".
Utterly, indeed, should I despair did not the presence of many whom I here see... who are charged with the sovereign functions of legislation, and to those associated with you, I look with encouragement for that guidance and support which may enable us to steer with safety the vessel in which we are all embarked amidst the conflicting elements of a troubled world.
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Immigration control has traditionally been viewed as an inalienable sovereign function of the state.
The legitimacy of the entire American military position in the far east is built around the US exercising Japan's sovereign function of self-defence.
And unless governments reassert control over what used to be a core sovereign function of the state, many more Jimmy Mubengas are likely to die.
"Ohio's enforcement of its civil code by collecting money owed to it—[is] a core sovereign function," she wrote, quoting the "officer" immunity portion of Judge Sutton's Sixth Circuit dissent.
Nonetheless, my best guess is that what he currently aims to do is to keep southeastern Ukraine in such a state of turmoil, divided power and Russian influence that the country as a whole cannot consolidate its position as a sovereign, functioning state – let alone move closer to the EU and Nato.
Not only did Congress not intend for the law to cover prisoners, but if it had, such an application would have violated the Constitution by impinging on the state's "historic sovereign function of state prison management," Paul A. Tufano, Pennsylvania's general counsel, told the Court.
Held: Application to a state-owned railroad of Congress' acknowledged authority to regulate labor relations in the railroad industry does not so impair a state's ability to carry out its constitutionally preserved sovereign function as to come in conflict with the Tenth Amendment.
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