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23, 2 L.Ed.2d 27, to consider this constitutional question.
This is far from the end of this constitutional question, however.
10 As in Salfi, this constitutional question is beyond the Secretary's competence.
Justice SCALIA attempts to avoid the pull of our prior decisions by claiming that Hans answered this constitutional question over 100 years ago.
What makes this constitutional question potentially explosive is the combustible mixture of the European Parliament's ambition, Britain's disenchantment, the growth of Euroscepticism across the union and a sense that the European project needs greater democratic legitimacy.Start with the constitutional question.
In order to reach this Constitutional question, we first have to decide whether the Act properly interpreted, is applicable to sales by states, including sales of timber on school-grant lands.
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MR. OLSON -- This is a great deal different because this is, first of all, Article II of the Constitution, which vests authority to establish the rules exclusively in the legislatures of the state, tie in with Section 5. Secondly, as this court has stated JUSTICE SCALIA -- Well, let's just talk about Section 5. I mean, this, the constitutional question is another one.
This raised the constitutional question of whether states could nullify federal laws.
But John Roberts emphasises in his opinion that the court doesn't treat the question of whether the mandate is a penalty or a tax as a word game:In answering that constitutional question, this Court follows a functional approach, "[d]isregarding the designation of the exaction, and viewing its substance and application".
The question is whether this disposes of the constitutional question.
The Nollans appealed to this Court, raising only the constitutional question.
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