Yossarian was moved very deeply by the absolute simplicity of the clause of Catch-22 and let out a respectful whistle.
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The federal lawsuit alleges that the U.S. government's takeover and financial bailout of AIG was in violation of the Establishment Clause of the First Amendment.
At the same time, conservatives who have bemoaned "judicial activism" for decades should show some restraint in cheering on a decision that, ideology aside, would reverse the trajectory of 70 relatively uncontroversial years of an expansive reading of the Commerce Clause of the Constitution.
If you subscribe to the importance of the Equal Protection Clause of the United States Constitution, it becomes difficult to take a position that the existence of affirmative action was ill conceived from the outset as to deny that certain defined segments of American society were disadvantaged by who they are would be to deny reality.
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In defending the constitutionality of the Act, the federal government relies upon the Commerce Clause of the Constitution as the enumerated power supposedly delegating authority to the federal government for this regulatory compulsion.
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Recognizing the vulnerability of relying on the Commerce Clause alone, the Obama administration in the Florida case shifted its emphasis to the Necessary and Proper Clause of the Constitution.
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The Department of Justice defended the rule saying that it does, via the Commerce Clause of the Constitution.
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It is hard to read the social clause of the World Trade Organisation, or the prominence of the child-labour issue, in any other light.
He agreed with the four conservatives that the law violated the Commerce Clause of the Constitution, which was the main claim of the 26 states that sued.
The challenge is based on the appointments clause of the Constitution, which requires that "Officers of the United States" be appointed by the President or by the head of an agency.
The political discussion will center on the automatic spending cuts put in place by the sequester clause of the 2011 Budget Control Act, the expiration of the Bush tax cuts coupled with other tax increases, the debt ceiling, and entitlement reform, among other things.
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It would be an unconstitutional "entanglement" problem (violating the Establishment Clause of the First Amendment) if a secular court had to get into the business of deciding what Jewish law or Catholic canon was and what it said about a given dispute.
If the terms of the employment contract condition severance payments on compliance with the non-disparagement clause or unequivocally state that a breach of the non-disparagement clause will result in a forfeiture of severance or other benefits- the clause is optimized if the payments or benefits paid out to the executive director are paid out over a period of time.
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The Court found that, like Aereo, it appears that many cloud-based businesses that allow users to store their own content in the cloud "have relied on Cablevision as an authoritative interpretation of the Transmit Clause" of the Copyright Act.
First, under the Supremacy Clause of the U.S. Constitution, federal law trumped state law.
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Under the Supremacy Clause of the U.S. Constitution, federal statutes trump conflicting state laws.
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The commerce clause of the Constitution gives Congress the right to prevent states and municipalities from imposing multiple, discriminatory taxes.
There is also what I would see as a simple solution to this problem: the Commerce Clause of the Constitution.
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Its argument is that by legislating on immigration Arizona has trespassed on federal authority and violated the supremacy clause of the constitution.
In it, the professors say the agreement among 46 states (four others signed their own pacts with the tobacco industry) violates the Compact Clause of the U.S. Constitution banning treaties between states.
John Marshall, our nation's fourth Chief Justice, led the Supreme Court in deciding several key cases that established the sanctity of contract law and breathed life into the interstate commerce clause of the Constitution.
During the Sixth Circuit arguments, Judge Jeffrey Sutton, who was nominated by President George W. Bush, asked Kaytal if he could name one Supreme Court case which considered the same question as the one posed by the mandate, in which Congress used the Commerce Clause of the U.S. Constitution as a tool to compel action.
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The business owner can also argue that the amount of money seized from his bank accounts violates the Excessive Fines Clause of the Eighth Amendment to the U.S. Constitution.
Bush's lawyer argued that the lack of a standard for hand-counting ballots violates the equal protection clause of the Constitution.
Not surprisingly, this argument concludes by warning against the slippery slope: if you outlaw sharia because it includes some dirty water around the globe, you will have effectively outlawed all such religious and private adjudicative bodies unless you are going to discriminate against the law of Muslims, which would violate the First Amendment and the Equal Protection clause of the Constitution.
Justice SCALIA: Why do you choose to defend this principally on the basis of the spending clause and not on the basis of what it would seem to me enacted in order to achieve, and that is the congressional power to raise and support armies?
The 9th Circuit Court of Appeals has ruled that the California ban on gay marriage violates the equal protection clause of the 14th Amendment to the United States Constitution.
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That decision endorses a broad reading of the Necessary and Proper Clause of the Constitution, which gives Congress the power to do what it thinks necessary to implement its laws.
This replaced the mutual defence clause of the Western European Union (WEU) which will be wound up in 2011, and which currently consists of delegations from national parliaments.
It was most recently rejected by the 2nd Circuit Court of Appeals in New York, which ruled 2 to 1 on October that it violated the equal protection clause of the Constitution.
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