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Constitutional provisions

The court suggested that the constitutional provision is as well calculated to secure to the citizens the right to bear arms in defense of themselves and the state, as any that could have been adopted by the makers of the constitution. The court noted that later in the Constitution it is expressly declared, that every thing in that article is excepted out of the general powers of government, and shall forever remain inviolate and that all laws contrary thereto, or contrary to the constimtion, shall be void. ... [Pg.46]

A similar California case (Kasler v. Lockyer, Cal. 4th [2000]) also included a claim that the state s assault weapons law violated the Second Amendment. However, the Ninth Circuit Court of Appeals in upholding the law also ruled that because the Second Amendment does not confer an individual right to own or possess arms, we affirm the dismissal of all claims brought pursuant to that constitutional provision. ... [Pg.91]

Amici supporting the government also cite other examples of state constitutional provisions allowing a conscientious objector to be excused from the duty of bearing arms if he pays an equivalent so that another can serve in his place. [Pg.293]

Just like in its external relations, a state could also face difficulties in its internal relations. The exercise of on-site inspections could be impeded by constitutional provisions on human rights regarding privacy. For instance, the Fourth Amendment to the US Constitution provides as follows ... [Pg.87]

Appellant is not charged with a crime and is not so incarcerated. He is being restrained of his liberty in that he is not free to come and go at will but such restraint is not in the way of punishment, but for his own protection and welfare as well as for the benefit of society. Such loss of liberty is not such liberty as is within the meaning of the constitutional provision that no person shall be deprived of life, liberty or property without due process of law. ... [Pg.55]

Consider now the problem of industrial subsidies for academic chemistry, looking first at institutions. With the creation of I.G. Farben in 1925, that corporation s dominant role in each of the three funding associations was instantaneously confirmed not simply by the fact that all three presidents were leaders of the I.G., but above all by the associations constitutional provision awarding votes to members in proportion to the amounts of their contributions. As the hyperinflation had peaked in 1922-23, these leaders had decided to tie the annual dues of the I.G. firms to the total number of their workers and employees, which directly tied support for academic chemistry to the economic health of the dye industry. Thus,... [Pg.43]

Tort law is defined at the state level by statutes, court decisions, and constitutional provisions it applies to government entities, individual citizens, and businesses. The law of torts protects individual and business interests from harm and provides a means for those harmed by another to seek compensation for their loss. Tort liability claims also provide a basis for distributing losses to those who are responsible for the harm. Tort law thus provides a systematic means for analyzing and resolving liability claims, while protecting both the interests of the person injured and the governmental jurisdiction. Torts encompass a very broad area of the law, including (Oleck, 1982) ... [Pg.244]

The first point depends upon this obvious consideration that there ought always to be a constitutional method of giving efficacy to constitutional provisions. What for instance would avail restrictions on the authority of the state legislatures, without some constitutional mode of enforcing the observance of them The states, by the plan of the convention are prohibited from doing a variety of things some of which are... [Pg.386]

Notwithstanding therefore the doubts I have expressed as to the essentiality of trial by jury, in civil cases, to liberty, I admit that it is in most cases, under proper regulations, an excellent method of determining questions of property and that on this account alone it would be entitled to a constitutional provision in its favour, if it were possible to fix the limits within which it ought to be comprehended. There is however, in all cases, great difficulty in this and men not blinded by enthusiasm, must be sensible that in a federal government which is a composition of societies whose ideas and institutions in relation to the matter materially vary from eaeh other, that difficulty must be not a little augmented. For my owm part, at every new view I take of the subjeet, I become more convinced of the reality of the obstacles, whieh we are authoritatively informed, prevented the insertion of a provision on this head in the plan of the convention. [Pg.409]

It certainly sounds not a little harsh and extraordinary to affirm that there is no security for liberty in a constitution which expressly establishes the trial by jury in criminal cases, because it does not do it in civil also while it is a notorious fact that Connecticut, which has been always regarded as the most popular state in the union, can boast of no constitutional provision for either. [Pg.416]

The Regime de Permissiio de Lavra Garimpeira"" ( Garimpo"" Mining Permit System) was instituted as a result of these constitutional provisions and can basically be defined as the system to be applied to the eluvium, alluvium, colluvial or other deposits as defined by the DNPM ( Bureau of Mines"") that may be mined without the need for previous prospecting work. This law can only be applied inside well-defined areas (17,18). [Pg.286]


See other pages where Constitutional provisions is mentioned: [Pg.56]    [Pg.66]    [Pg.149]    [Pg.252]    [Pg.252]    [Pg.264]    [Pg.265]    [Pg.289]    [Pg.293]    [Pg.12]    [Pg.40]    [Pg.575]    [Pg.197]    [Pg.61]    [Pg.13]    [Pg.15]    [Pg.132]    [Pg.142]    [Pg.143]    [Pg.52]    [Pg.183]    [Pg.412]    [Pg.2061]    [Pg.138]   


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Provisions

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