The Abrogation doctrine is a constitutional law doctrine expounding when and how the Congress may waive a state's sovereign immunity and subject it to lawsuits to which the state has not consented (i.e., to "abrogate" their immunity to such suits).
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However, the Congress can authorize lawsuits seeking monetary damages against individual U.S. states when it acts pursuant to powers delegated to it by amendments subsequent to the Eleventh Amendment.
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This is most frequently done pursuant to Section 5 of the Fourteenth Amendment, which explicitly allows the Congress to enforce its guarantees on the states and thus overrides states' Eleventh Amendment immunity.
In her reply pamphlet that was widely circulated by the Lincoln administration, Carroll made informed legal arguments, later used by Attorney General Edward Bates, stating that Lincoln had acted in accordance with the United States Constitution.
Under the United States Constitution, the President of the United States may not ratify a treaty unless the U.S. Senate, by a two-thirds vote, gives its advice and consent.
The Federal Farmer was an Anti-Federalist who wrote a methodical assessment of the proposed United States Constitution that was among the more important documents of the constitutional ratification debate.
:"passionate citizenship for his leadership, dedication and groundbreaking work defending Salim Hamdan. Schneider's pro bono representation of Hamdan, the first detainee to receive a trial, has laid the groundwork for others to challenge the legality of their indefinite imprisonment. Schneider's landmark work exemplifies our Constitution's guarantee of due process and fundamental fairness, even for society's most unpopular individuals."
While most articles focus on issues arising under the United States Constitution, the journal also covers topics concerning state and foreign constitutions.
On September 22, 2011, he was honored by members of the United States Congress for his dedication and study of the principles of the United States Constitution.
Quinn is a proponent of a constitutional government that adheres to the guiding principles of the nation's founders.
Cantine also served in the New York state convention concerning the ratification of the United States Constitution.
Karl R. Thompson is an American constitutional lawyer who was appointed to a position within the United States Department of Justice's Office of Legal Counsel by the Presidency of Barack Obama.
The Tenth Amendment of the United States Constitution makes all “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Among the notable cases he has handled are:Lane v. Owens, in which he ruled that the State of Colorado could not permissibly compel recitation of the pledge of allegiance; Golan v. Gonzales, in which he held that the copyright provisions of the Uruguay Round Agreements Act did not violate the United States Constitution; and the litigation arising out of the Columbine High School massacre.
In 2004, public attention focused again on Cheney's sexuality when the Bush administration supported the Federal Marriage Amendment, a proposed amendment to the United States Constitution that would limit marriage to heterosexual couples and also ban civil unions and domestic partnership benefits.
His campaign theme was "God, Family, Republic" and he emphasized the Bible, the traditional family, and the need for constitutionally limited government.
Sanders was sworn in during April, 1912 and served until January, 1913 when the Tennessee General Assembly elected educator William R. Webb, a Democrat, to succeed him, the process called for in the United States Constitution until the Seventeeh Amendment was ratified later in the decade.
For example, in an early 2004 presentation with former Brooklyn Congresswoman Elizabeth Holtzman about producing "protest marches", she gave pointers from her experiences organizing 50 buses for the 1978 New York City contingent for NOW's first national march to pass the Equal Rights Amendment to the United States Constitution.
In the lawsuit the State of Florida and 26 other states argued that the individual mandate provision of the PPACA violates the United States Constitution.
In September 2007, the US Supreme Court agreed to hear their first case of whether or not the use of lethal injection does in fact violate the US Constitution's Eighth Amendment's ban on cruel and unusual punishment.
Pardon My Scotch was filmed four months after the ratification of the Twenty-first Amendment to the United States Constitution, which ended the American experiment with Prohibition.
He found that Amendment 3 was in violation of the U.S. Constitution’s 14th Amendment, which guarantees due process and equal protection.
Little is pro-life and a vocal supporter of the Second Amendment to the United States Constitution.
Kelly Segraves, parent of three schoolchildren, sued the State of California, arguing that it violated the Free Exercise Clause of the First Amendment to the US Constitution by teaching evolution.
The arguments opposed to the Social Security Act (articulated by justices Butler, McReynolds, and Sutherland in their opinions) were that the social security act went beyond the powers that were granted to the federal government in the Constitution.
Duval ruled in favor of Planned Parenthood of America, which took the view that the choice of displaying the plates violated the First Amendment to the United States Constitution because there was no alternative display available for supporters of abortion.
The setting of the film is in England as the Third Amendment to the United States Constitution prohibits the quartering of soldiers in a person's home without their consent.
Coast Guard attorneys are actively involved in a wide variety of civil litigation, from simple tort defense to constitutional challenges.
William Samuel Johnson (1727–1819) was an early American statesman who was notable for signing the United States Constitution, for representing Connecticut in the United States Senate, and for serving as president of Columbia University.
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The Canton Railroad dispute with Maryland involving whether the state franchise tax on railroad activities in the port of Baltimore violated the Import-Export or Commerce Clauses of the Constitution led to the Supreme Court case Canton Railroad Company v. Rogan, 340 U.S. 511 (1951).
Early in 1987, Chief Justice Warren E. Burger designated the Challenger flag as the official flag of the ceremonies commemorating the United States Constitution bicentennial and he invited the troop to participate in the bicentennial gala in Philadelphia.
In addition to their slowness, the lack of coercive power in the Continental Congress was harshly criticized by James Madison when arguing for the need of a Federal Constitution.
Significant actions of the General Assembly include the calling of the constitutional convention which became the first to ratify the United States Constitution in 1787 (which led to Delaware's state nickname, "the First State"), and its rejection of secession from the Union on January 3, 1861, even though Delaware was a slave state.
The Confederate Senator Thomas Semmes, in proposing this motto, took pains to stress that the CSA had "deviated in the most emphatic manner from the spirit that presided over the construction of the Constitution of the United States, which is silent on the subject of the Deity", and he clearly expected this invocation to bring his side victory.
The Supreme Court of the United States held in Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981), that in the absence of federal law to the contrary, states may set ecotaxes as high as they wish without violating the Commerce Clause or the Supremacy Clause of the United States Constitution.
In his book We The People: The Economic Origins of the Constitution, McDonald argued that Charles A. Beard (in his book An Economic Interpretation of the Constitution of the United States) had misinterpreted the economic interests involved in writing the Constitution.
The Confederate Senator Thomas Semmes, in proposing this motto, took pains to stress that the CSA had "deviated in the most emphatic manner from the spirit that presided over the construction of the Constitution of the United States, which is silent on the subject of the Deity".
It is named after Alexander Hamilton, the only member of the New York State delegation who signed the United States Constitution in 1787 and later the first United States Secretary of the Treasury.
The cases were in essence the court's response to a major issue of the 1900 presidential election and the American Anti-Imperialist League, summarized by the phrase "Does the Constitution follow the flag?"
Jonas Clarke (December 25, 1730 – November 15, 1805), sometimes written Jonas Clark, was an American clergyman and political leader who had a role in the American Revolution and in shaping the United States Constitution.
Judge McLaughlin found the Attorney General’s office in violation of the First Amendment rights of plaintiffs in the United States Constitution with reference to Robert H. Jackson in American Communications Association v. Douds.
Representative Kidd also led the campaign for Kentucky to ratify the United States Constitution's 13th Amendment (abolishing slavery), 14th Amendment (defining citizenship) and 15th Amendment (granting all men the right to vote regardless of race, color, or previous condition of servitude).
It had been taken as an model of democratic peoples election of a State ruler for the United States Constitution by Thomas Jefferson.
He stood for election to the United States House of Representatives in the 1789 election (the first after the adoption of the United States Constitution) but was defeated by Jonathan Grout.
If the President resigns or dies while in office, the successor is determined by the presidential line of succession, as specified by the United States Constitution and the Presidential Succession Act.
The Platt Amendment is incorrectly referenced as being a 1906 amendment to the United States Constitution in the 1982 film Fast Times at Ridgemont High.
It would have been the 1000th execution in the United States since the Supreme Court ruled in Gregg v. Georgia that new capital punishment laws were constitutionally permissible in 1976.
On April 3, 2013, Roger Christie was visited by Senator Russell Ruderman and Senator Will Espero at the Federal Detention Center (FDC) in Honolulu. The purpose of this visit was to discuss Mr. Christie's incarceration, health, and rights as a United States citizen under the United States Constitution.
On 16 January 2002, the district court denied the motion because the Japanese Constitution protects similar rights guaranteed by the United States Constitution.
Residents of Washington, D.C., do not have voting representation in Congress, as residents of states do, under the United States Constitution.
On June 26, 2003, the U.S. Supreme Court in a 6-3 decision in Lawrence v. Texas struck down the Texas same-sex sodomy law, ruling that this private sexual conduct is protected by the liberty rights implicit in the due process clause of the United States Constitution, with Sandra Day O'Connor's concurring opinion arguing that they violated equal protection.
In 2013 Tremblay co-sponsored legislation maintaining that the District of Columbia Organic Act of 1871 unlawfully abrogated the United States Constitution by removing the original Thirteenth Amendment, so that the document has since then been a fraudulent constitution, and seeking to correct this.
Star Tribune columnist Katherine Kersten spurred an inquiry into TiZA by the Minnesota Department of Education after her column suggested the school had violated the Establishment Clause of the First Amendment to the United States Constitution by teaching religion in the schools.
The Federation advocates strict adherence to the United States Constitution and the Constitution of the Commonwealth of Virginia, as well as fiscal responsibility, transparent government, and grassroots citizen engagement within the political process.
House Speaker John Boehner stated that Obama's executive orders will be reviewed to ensure that they do not conflict with the Constitution or federal law.
A distant relation of U.S. House Speaker and U.S. Constitution signatory Jonathan Dayton, he was born in Basking Ridge, New Jersey to farmer Joel Dayton and his wife.