Nevertheless, for the first time the Supreme Court recognized the constitutional basis for executive privilege.
It does not need to have a constitutional basis or legal definition.
I'm no constitutional expert, so someone else would have to give you the good answer on whether there is a legitimate constitutional basis for the action.
Roberts' reasoning for either upholding or striking down the mandate may not command a majority, meaning at least five justices agree on the outcome but not the constitutional basis on which the decision sits.
Then, in a clever bit of judgeship designed to avoid deciding the case on a broader constitutional basis than necessary, the court said since Prop. 8 only involved the use of a word and the state could have no compelling reason to deny one class of people the use of that word the voter initiative was invalid from the start.
An official of the ruling National Congress Party (NCP) has even held out the prospect that the deliberations could provide a basis for major constitutional and legal reform.
With the support of a "more equitable system of devolution finance" the set-up could "provide the basis for a new constitutional settlement for Wales within a restructured UK", he said.
But, in the end, these cases are really about Constitutional power, and they should be decided on that basis.
FORBES: The Supreme Court Should Leave How We Marry To The States
Writing for a 6-3 majority, Justice Anthony Kennedy held that a Colorado constitutional amendment forbidding local gay rights legislation lacked a rational basis because it singled out gays, but he expressly declined to establish gays as a class that needs special antidiscrimination treatment.
Third, I would briefly compare the facts against the constitutional requirements that an impeachment may proceed only for high crimes and misdemeanors and only on the basis of clear and convincing evidence.
With the Conservatives' General Election victory in 1992, people came to accept the inevitability of some form of constitutional reform which would prevent Tory domination of Scottish politics and the Scottish Office budget on the basis of electoral victory in England.
In the first phase of hearings in the impeachment inquiry against Bill Clinton, constitutional experts told members of the House Judiciary Committee that a halfway reprimand, such as censure, would have no basis in the constitution.
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