And many Republicans -- Orrin Hatch and others -- have said that that's not constitutional.
Scalia acknowledged that the court today was not setting out the full scope of what regulations are and are not constitutional.
But it rested that conclusion on statutory, not constitutional, grounds--that is, it found that Congress had conferred this right on the detainees.
And then separately on a domestic issue, health care, a lot of chatter -- I know you addressed this last week -- on Capitol Hill about the constitutionality of an individual mandate, with conservatives like Orrin Hatch I think complaining it's not constitutional.
As I am not a constitutional scholar, I will not deign to offer any specific language for an amendment.
That difficulty is troubling, but not fatal, not least because we are interpreting the scope of a long-established constitutional power, not recognizing a new constitutional right.
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Gaffney, Jr. makes cleear effective civilian-military relations are a function of mutual respect, not merely constitutional arrangements.
He quit the party on Friday, not over constitutional politics, but over Alliance's support for gay marriage.
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It is now well established case law that a student athlete does not have constitutional right to college scholarship.
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I'm not a constitutional lawyer, but the meaning seems pretty unambiguous to me.
He added that it would take time for Northern Ireland's politicians to start addressing issues which were not "constitutional".
Schemes to raise the debt burden on Germans without Bundestag control, such as Eurobonds, do not pass constitutional muster.
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Apparently, funding the program with a marriage license surcharge would not past constitutional muster, if it could be used to help any old victims of domestic violence.
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Mr Erdogan can rightly be blamed for displaying an autocratic streak, for failing to engage his opponents and for not pursuing constitutional reform urgently enough since his re-election last July.
Stephen Presser, Raoul Berger (ph) Professor of Legal History at Northwestern University School of Law, wrote a letter to Congressman Delahunt disagreeing about censure, and saying that censure would not be constitutional.
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.
Mr Hague knows that his party is split over whether a European single currency is or is not a constitutional affront, so, despite his own passionate views, he has hung his argument against it on economics.
Officials argue, somewhat disingenuously, that this is not a constitutional measure since the governor-general, who as the representative of Queen Elizabeth in Canada acts as the head of state, will still technically appoint those whom the prime minister says have been elected.
But if it is not introduced in the coming year, the government would face the prospect of trying to over-ride the Lords in the run-up to the 2015 General Election - just when ministers would much rather be focusing on bread-and-butter issues, not abstruse constitutional matters.
It does not require a constitutional amendment and the ratification by preponderance of states here.
Mrs Guigou has more proposals to put to parliament that do not need a constitutional amendment.
The justices did not address the constitutional underpinnings of the broad assertion of executive privilege.
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By tradition, though not by explicit constitutional diktat, foreign policy is the French president's preserve.
In this climate, some Berbers fear their cultural rights may not receive the constitutional protections they seek.
It's even more likely such voters might continue backing nationalist candidates, whilst not sharing their constitutional aspirations.
Without tobacco's agreement, the ad ban likely would not withstand a constitutional challenge on First Amendment rights.
Thus the spectre of disestablishment returns, not as a constitutional issue but as part of a cost-benefit analysis.
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Immigrant detainees are the only group of prisoners in America who do not have a constitutional right to a free, government-appointed lawyer.
However, that was a vote for legislation, not a state constitutional amendment.
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