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| | Unconstitutional - Wikipedia, the free encyclopedia |
 | | Depending on the type of legal system, a statute may be declared unconstitutional by any court or only by special Constitutional courts who have the authority to rule on the validity of a statute. | | | In some countries, especially ones not having a formal written constitution, the legislature may create any law for any purpose and there is no provision for a law to be declared unconstitutional. | | | When a court decides that the act in question conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. |
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http://en.wikipedia.org/wiki/Unconstitutional
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| | Case law |
| | ACLU Cooperating attorney Mark Henricksen argued the case before the Court of Criminal Appeals in August of 1995 and attempted to convince the Court that the right to privacy applies to all Oklahomans, regardless of sexual orientation. | | | State found the law against oral sex to be unconstitutional in the case of heterosexuals only. | | | The case is now before the Kansas Court of Appeals. |
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http://www.sodomylaws.org/legal.htm
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| | Edwards v. Aguillard |
| | Unless, therefore, we are to reconsider the Court's decisions interpreting the Establishment Clause, I agree that the judgment of the Court of Appeals must be affirmed. | | | In reaching its conclusion that the Act is unconstitutional, the Court of Appeals "[did] not deny that the underpinnings of creationism may be supported by scientific evidence." 765 F.2d 1251, 1256 (1985). | | | Both courts concluded that the state legislature's primary purpose was to advance religion and that the statute was therefore unconstitutional under the Establishment Clause. |
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http://www.talkorigins.org/faqs/edwards-v-aguillard.html
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| | Boston.com / News |
| | Massachusetts court rules ban on gay marriage is unconstitutional | | | BOSTON -- Massachusetts' highest court ruled Tuesday that same-sex couples are legally entitled to wed under the state constitution, but stopped short of immediately allowing marriage licenses to be issued to the couples who challenged the law. |
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http://www.boston.com/news/daily/18/gay_marriage.htm
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| | IN THE SUPERIOR COURTOF ATKINSON COUNTY |
| | 19-6-15 (b) are unconstitutional per se and as applied to Michelle Sweat in that by reducing her to poverty status she is thereby denied access to the courts in violation of the Constitution of 1983, Art. | | | Additionally, the presumption is unconstitutional because the underlying facts (the Guidelines application only in welfare cases for recovery of only up to the welfare payment to the custodial parent) no longer exist. | | | XII which reads, “No person shall be deprived of the right to prosecute or defend, either in person or by an attorney, that person’s own cause in any of the courts of this State.&; In this case Ms. |
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http://www.ancpr.org/in_the_superior_courtof_atkinson.htm
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| | The Dangerous Initiatives of Tim Eyman and Voters Want More Choices |
| | The initiative was found unconstitutional by King County Superior Court for violating a law that states only one subject can be the focus of an initiative. | | | The initiative was found unconstitutional by Thurston County Superior Court for violating the above mentioned law that states only one subject can be the focus of an initiative. | | | Cities and counties, represented by Tom Ahearne, and a group named Permanently Offended, led by attorney Knoll Lowney, sued Tim Eyman and his PAC, Permanent Offense, on the grounds that the initiative was unconstitutional under the same premises as I-695: it has more than one subject in the ballot title (see above). |
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http://permanentdefense.homestead.com/DangerousInitiatives.html
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| | FindLaw's Writ - Amar: Why the California Supreme Court Repudiated San Francisco's Issuance of Same-Sex Marriage ... |
| | The court quotes an 1838 United States Supreme Court case for the proposition that "to contend that the obligation imposed on the president to see the laws faithfully executed implies a power to forbid their execution is a novel construction of the constitution, and entirely inadmissible." | | | She observes that "interracial marriages that were void under antimiscegeny statutes at the time they were solemnized were nonetheless recognized as valid after the high court rejected those laws in Loving v. | | | Commissioner, all four of the Justices who addressed the issue agreed that the President has 'the power to veto encroaching laws. |
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http://writ.news.findlaw.com/amar/20040817.html
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| | American Civil Liberties Union : Letter to the House Urging Members to Oppose H.R. 3313, the Marriage Protection Act |
| | Denying courts the ability to review a law for its constitutionality because of a concern that the law might be unconstitutional does not serve any legitimate purpose of government. | | | The sole objective of the Marriage Protection Act is to prohibit federal courts from reviewing the Defense of Marriage Act because some supporters of the Marriage Protection Act believe that the federal courts, including the U.S. Supreme Court, will find DOMA to be unconstitutional. | | | As such, the Marriage Protection Act is unconstitutional as not "bear[ing] a rational relationship to a legitimate governmental purpose." Romer, 134 L. Ed. |
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http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=16099&c=101
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| | FindLaw's Writ - Lazarus: The New Anti-"Partial Birth Abortion" Legislation |
| | It has done so by passing a clearly unconstitutional law that is bound to be enjoined by the federal courts as soon as -- or even before -- it is applied in the very first actual instance. | | | And serving up to the Court patently unconstitutional statutes, especially ones that force the Court to make internally and externally divisive rulings, doesn't qualify as taking seriously the responsibility of making the nation's laws. | | | For one thing, the Court under Chief Justice Rehnquist has declared federal statutes unconstitutional at an unprecedented rate. |
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http://writ.news.findlaw.com/lazarus/20031030.html
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| | State: Court strikes down Terri's Law |
| | The court did not address other arguments that the law was an unconstitutional invasion of a patient's right to privacy and right to make their own medical decisions. | | | Ken Connor, a private attorney representing Bush, said the governor may have been denied due process because the courts barred him from presenting evidence, which makes a federal appeal possible. | | | Michael Schiavo's lawyer said he would seek to have his wife's feeding tube removed as soon as legally possible. |
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http://www.sptimes.com/2004/09/24/State/Court_strikes_down_Te.shtml
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| | Same-sex marriage lawsuits in court The San Diego Union-Tribune |
| | The state also contends that if Californians want to legalize same-sex marriage, the way to do it is through the Legislature or a ballot proposition, not the courts. | | | Superior Court Judge Richard Kramer's courtroom is only the first stop in what is expected to be a yearlong odyssey that ultimately could reach the state& highest court. | | | SAN FRANCISCO – Ten months after San Francisco's mayor defiantly granted marriage licenses to thousands of gay couples, a judge began hearing arguments yesterday in a pair of lawsuits that seek to have California's one-man, one-woman matrimony law declared unconstitutional. |
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http://www.signonsandiego.com/uniontrib/20041223/news_1n23gaywed.html
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| | The Oklahoma Constitution |
| | But, there is nothing unconstitutional about the law. | | | Any so-called conservative who thinks otherwise is just as lawless, to use Justice Thomas' phrase, as those liberal legislators and judges who disobey the Constitution on a regular basis to advance their liberal agendas. | | | The 5th Amendment clearly states that private property cannot be taken for a private use. |
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http://www.theshop.net/faithpub/a1con/constory8.html
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| | Appeals Court: 'Partial Birth' Abortion Ban Unconstitutional |
| | In a ruling released Friday morning, a three-judge panel of the 8th U.S. Circuit Court of Appeals found the act unconstitutional because it failed to allow the procedure to protect a woman's health. | | | Four federal courts have now exposed this deceptive law for what it is — a dangerous ban that not only fails to protect a woman's health, but jeopardizes it. | | | This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. |
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http://www.commondreams.org/headlines05/0709-08.htm
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| | CONFLICTS BETWEEN GOVERNMENT AND RELIGION IN THE UNITED STATES: |
| | In mid October, 1996, the Supreme Court of the US agreed to rule on the case. | | | They issued their ruling on 1997-JUN-25, declaring the law to be unconstitutional. | | | Senator Edward Kennedy (D, MA), "We cannot take this 'no' from the Supreme Court as the final answer." In the meantime, several states have passed a law very similar to the original RFRA; these may well be unconstitutional. |
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http://www.religioustolerance.org/govt_con.htm
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| | Urban Legends Reference Pages: Inboxer Rebellion (Pledge of Allegiance) |
| | An appeals court ruled that teacher-led recitation of the Pledge of Allegiance in public schools is unconstitutional. | | | The ruling was issued in response to a lawsuit filed in Federal District Court in Sacramento by | | | The decision applies only to the nine Western states under the Ninth Circuit court's jurisdiction: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. |
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http://www.snopes.com/inboxer/petition/pledge.htm
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| | Key Part of Patriot Act Ruled Unconstitutional (washingtonpost.com) |
| | At issue in the case was the Justice Department's use of "national security letters," a type of administrative subpoena that allows federal agents to demand records from businesses and prohibits the companies from revealing that the demands were made. | | | A federal judge in New York ruled yesterday that a key component of the USA Patriot Act is unconstitutional because it allows the FBI to demand information from Internet service providers without judicial oversight or public review. | | | While the Patriot Act loosened restrictions on the use of the letters, most of U.S. District Judge Victor Marrero's ruling focused on earlier statutes governing the letters. |
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http://www.washingtonpost.com/wp-dyn/articles/A59626-2004Sep29.html
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| | CNN.com - Lawmakers blast Pledge ruling - June 27, 2002 |
| | A three-member panel of the 9th Circuit Court of Appeals remanded the case to a lower court. | | | A federal appeals court ruled Wednesday that reciting the Pledge of Allegiance in public schools is an unconstitutional "endorsement of religion" because of the addition of the phrase "under God" in 1954 by Congress. | | | SAN FRANCISCO, California (CNN) -- "Political correctness run amok" is how one senator is describing a court's ruling that the Pledge of Allegiance is unconstitutional. |
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http://archives.cnn.com/2002/LAW/06/26/pledge.allegiance
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| | Communications Decency Act Struck Down!! |
| | The Electronic Privacy Information Center, in conjunction with the American Civil Liberties Union and 18 other organizations, initiated the constitutional challenge to the CDA in federal court in Philadelphia on February 8, 1996, and sought a declaration that the statute is unconstitutional. | | | The Department of Justice filed an appeal with the U.S. Supreme Court, which heard oral arguments in the case -- now known as Reno v. | | | The ACLU/EPIC case was consolidated with a companion lawsuit subsequently filed by the American Library Association and other plaintiffs. |
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http://www.epic.org/free_speech/CDA
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| | deseretnews.com Anti-porn bill may be illegal, lawyers warn |
| | Despite the note, Rep. John Dougall, R-American Fork, is confident his bill will pass constitutional muster, primarily because the portion of the bill which prompted the note — the adult content registry — is simply a tool the state would maintain and people could use at their own volition. | | | Legislative attorneys say the measure may be unconstitutional | | | In it, legislative staff attorneys warn "the significant restrictions placed on constitutionally protected speech suggest that the adult content registry has a high probability of being held unconstitutional." |
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http://deseretnews.com/dn/view/0,1249,600113831,00.html
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| | H-1B Report to Congress - November 2002 |
| | The 14th Amendment assures "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." Among those privileges is employment preference over nonimmigrant foreigners. | | | Brief Contending H-1B is Unconstitutional (HTML - draft #2 - 11/24/2002) - As of May 2003 no Congressman has disputed the claim. | | | My contention is the federal rules themselves are unconstitutional. |
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http://www.familyinjustice.com/h1b
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| | Nebraska Medical Malpractice Cap Unconstitutional |
| | The statute creates a fund for paying malpractice verdicts, a fund the defendants asserted would be jeopardized if the limit were held unconstitutional. | | | On June 1, an Omaha trial judge struck down Nebraska's $1.25 million limit on compensation in medical malpractice actions in the case of a child whose medical expenses alone exceed that amount. | | | Citing "voluminous" materials submitted to the Court, McGill also found there is "no legitimate relationship between insurance rates and the cap." |
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http://www.atlanet.org/homepage/neb.aspx
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| | Watchdogs rap RIAA's file-trade assault CNET News.com |
| | A dozen consumer and privacy groups filed an amicus brief in federal court here arguing that the Recording Industry Association of America's (RIAA) request for information about a Verizon Communications subscriber should be denied. | | | WASHINGTON--A federal law that the recording industry is using to unmask a suspected Kazaa music-trader is unconstitutional, a coalition of nonprofit groups said late Friday. |
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http://news.com.com/2100-1023-956176.html
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| | WorldNetDaily: Court refuses to reconsider Pledge ruling |
| | A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled 2-1 last June that the Pledge is unconstitutional when recited in public classrooms. | | | The case could now go to the Supreme Court. | | | Where's power to pay heat bills in Constitution? |
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http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=31295
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| | CitizenLink - Features - Pledge Ruled Unconstitutional -- Again |
| | The three unnamed families from the Sacramento area that brought the suit were represented by Michael Newdow, who brought the original Pledge challenge that was turned down by the Supreme Court, which determined Newdow did not have standing to bring the case. | | | Judge said Pledge violates students' rights in Newdow case. | | | A federal district court judge in San Francisco ruled the recitation of the Pledge of Allegiance in public schools to be unconstitutional today. |
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http://www.family.org/cforum/feature/a0037926.cfm
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| | Citizens Internet Empowerment Coalition |
| | Writing for the court, Justice John Paul Stevens held that "the CDA places an unacceptably heavy burden on protected speech" and found that all provisions of the CDA are unconsitutional as they apply to "indecent" or "patently offensive" speech. | | | In a separate concurrence, Chief Justice William Rhenquist and Justice Sandra Day O'Connor agreed that the provisions of the CDA are all unconstitutional except in their narrow application to "communications between an adult and one or more minors." | | | The Citizens Internet Empowerment Coalition came together to oppose Congress' first attempt to regulate content on the Internet, the Communications Decency Act, which the U.S. Supreme Court found unconstitutional on June 26, 1997. |
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http://www.ciec.org
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| | ACLU Says Subway Searches Unconstitutional |
| | Now the American Civil Liberties Union has filed a lawsuit, saying the searches are unconstitutional. | | | The ACLU's lawsuit, which it filed on behalf of five New York subway riders, claims that the new search policy violates the Fourth Amendment of the U.S. Constitution, which protects people against unwarranted searches and seizures. | | | The plaintiffs in the case claim the new search policy has placed unnecessary restrictions on their daily lives. |
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http://www.voanews.com/english/AmericanLife/2005-08-09-voa11.cfm
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| | USATODAY.com - Marijuana ban unconstitutional, Alaska appeals court says |
| | JUNEAU, Alaska (AP) — A law banning Alaskans from possessing any amount of marijuana in their homes has been ruled unconstitutional by a state appeals court Friday. | | | USATODAY.com - Marijuana ban unconstitutional, Alaska appeals court says | | | Friday's decision by the Alaska Court of Appeals reversed the 2001 drug conviction of a North Pole man and ordered a new trial. |
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http://www.usatoday.com/news/nation/2003-08-31-alaska-pot_x.htm
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| | Justices block Internet porn law - Security - MSNBC.com |
| | The law has been tied up in the courts ever since. | | | The high court divided 5-to-4 over a law passed in 1998, signed by then-President Clinton and now backed by the Bush administration. | | | WASHINGTON - The Supreme Court ruled Tuesday that a law meant to punish pornographers who peddle dirty pictures to Web-surfing kids is probably an unconstitutional muzzle on free speech. |
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http://www.msnbc.msn.com/id/5324463
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| | Gay News From 365Gay.com |
| | "We're thrilled that the court not only recognized that discriminatory marriage laws violate the constitutional guarantees of equal protection but also that the court struck down Prop 22 as being unconstitutional," Geofrey Kors, the executive director of Equality California told 365Gay.com. | | | The ruling also brought cheers from the state's largest LGBT civil rights group | | | A ruling in Washington is likely before with the New York Court of Appeals or the California Supreme Court gets the marriage case. |
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http://www.365gay.com/newscon05/03/031405CalMarr.htm
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| | BREITBART.COM - Judge: School Pledge Is Unconstitutional |
| | A federal judge declared the reciting of the Pledge of Allegiance in public schools unconstitutional Wednesday in a case brought by the same atheist whose previous battle against the words "under God" was rejected by the U.S. Supreme Court on procedural grounds. | | | The Supreme Court dismissed the case last year, saying Newdow lacked standing because he did not have custody of his elementary school daughter he sued on behalf of. | | | Karlton said he was bound by precedent of the 9th U.S. Circuit Court of Appeals, which in 2002 ruled in favor of Sacramento atheist Michael Newdow that the pledge is unconstitutional when recited in public schools. |
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http://www.breitbart.com/news/2005/09/14/D8CK7FLO8.html
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| | The Stranger - Home |
| | State Court of Appeals Rules Poster Ban Unconstitutional BY RACHEL JOY LARRIS |
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http://www.thestranger.com/2002-08-15/city.html
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| | Adelstein Discusses Payola and Indecency With Ed Schultz |
| | The courts have told us to be very careful about what we say is indecent and they recognize that we’re walking a tightrope between the First Amendment and the need to protect children from hearing this kind of thing. | | | If Congress were to make such a law, “it would likely be held unconstitutional |
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http://billboardradiomonitor.com/radiomonitor/news/business/net_syn/article_display.jsp?vnu_content_id=1000847293
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| | Ban on Type of Abortion Reversed (washingtonpost.com) |
| | The Nebraska case is before U.S. District Judge Richard Kopf, who ruled in 1997 that the state's ban on intact dilation and extraction was unconstitutional. | | | In 2000, the U.S. Supreme Court voted 5 to 4 to overturn a Nebraska law that outlawed the procedure, ruling that it was unconstitutional because it did not allow the abortion method even if a doctor believed it was the safest way to preserve a woman's health. | | | The Nebraska case was brought by several doctors who perform abortions. |
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http://www.washingtonpost.com/wp-dyn/articles/A6694-2004Jun1.html
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| | The Drug War and the Constitution |
| | In the case of our second question -- prohibiting other drugs -- I would argue that we are talking about new powers being granted to the Federal government that have never been surrendered by the people and the states. | | | Ergo, the drug war, prohibition laws, the DEA, the whole ball of wax, are all unconstitutional. | | | I think what we have here is a prime example of the illegal acquisition of powers by a central government through a process of slow accretion. |
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http://www.druglibrary.org/schaffer/debate/dwarcon1.htm
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| | Partial-Birth Abortion Ban Unconstitutional, Appeals Court Rules |
| | The 8th U.S. Circuit Court of Appeals said the ban does not pass constitutional muster because it does not contain an exception for the health of the mother, even though doctors say its unnecessary. | | | Louis, MO (LifeNews.com) -- A federal appeals court has ruled that the national ban on partial-birth abortions is unconstitutional. | | | Click here to make a PayPal donation to LifeNews.com! |
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http://www.lifenews.com/nat1440.html
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| | 1010 WINS - ALL NEWS. ALL THE TIME.: ACLU: Bag Searches Unconstitutional |
| | Authorities pledged the inspections would be done randomly to prevent racial and ethnic profiling, but the American Civil Liberties Union maintained the searches were unconstitutional. | | | I think it's pretty standard going forward, unfortunately,'' said Maria Parisi, of Brielle, a fashion designer, as she waited for a train to New York. |
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http://1010wins.com/topstories/local_story_206062107.html
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| | JournalStar.com |
| | U.S. District Judge Joseph Bataillon's order to strike down the ban sparked emotions of delight and outrage Thursday, as well as the promise of a state appeal. | | | The couple was one of five to share their story in a lawsuit challenging the amendment as unconstitutional. | | | Saying that Nebraska's ban on gay marriages amounts to punishment, a federal judge declared the ban unconstitutional. |
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http://www.journalstar.com/articles/2005/05/12/local/doc4283ca7f535cc378664083.txt
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| | Unconstitutional |
| | To your characterization of no-fault divorce laws as both "ungodly" and "inhumane," I would add "unconstitutional" as well. | | | The Fifth and Fourteenth Amendments of the U.S. Constitution guarantee citizens the right to "due process" in respect to safeguards against violation of life, liberty, and property. | | | With the highest per capita church attendance in America, Louisiana would certainly appear to be a likely place to start. |
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http://www.defendingholymatrimony.org/html/unconstitutional.html
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| | Putin Opposes Media Restrictions in Anti-Terror Bill - NEWS - MOSNEWS.COM |
| | has sent a statement to the State Duma, or lower house of parliament, attacking part of an anti-terror bill that would restrict media coverage of terrorist attacks and calling it unconstitutional. | | | According to the secretary of the Journalists’ Union, Mikhail Fedotov, the bill would even make taking notes during an attack illegal. |
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http://www.mosnews.com/news/2005/02/02/putinmedia.shtml
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| | BBC NEWS Business US lifts ban on out-of-state wine |
| | The court ruled five to four that the previous ban on direct sales to consumers in New York and Michigan discriminated against inter-state commerce and was unconstitutional. | | | Twenty-six US states already allow direct sales to consumers. | | | Large retailers like Costco Wholesale and Wal-Mart have also wanted to be able to deal with wine growers direct to get better prices. |
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http://news.bbc.co.uk/2/hi/business/4552429.stm
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| | Greek game ban overturned Tech News on ZDNet |
| | A Greek law banning all electronic games in public has been declared unconstitutional by a court that has dismissed two separate cases against three people charged under the law. | | | The decision by the Thessaloniki court could eventually see the law repealed, according to reports. | | | Published on ZDNet News: September 11, 2002, 7:16 AM PT Forward in |
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http://news.zdnet.com/2100-9595_22-957487.html
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| | FindLaw: U.S. Constitution: Sixteenth Amendment: Annotations pg. 1 of 2 |
| | The ratification of this Amendment was the direct consequence of the Court's decision in 1895 in Pollock v. | | | A tax on incomes derived from property, 3 the Court declared, was a ''direct tax'' which Congress under the terms of Article I, Sec. | | | Farmers' Loan & Trust Co., 1 whereby the attempt of Congress the previous year to tax incomes uniformly throughout the United States 2 was held by a divided court to be unconstitutional. |
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http://caselaw.lp.findlaw.com/data/constitution/amendment16/01.html
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| | Court invalidates California's ban on same-sex marriage |
| | The ruling by Judge Richard Kramer is just the first step in a case that is headed for the state Supreme Court, probably sometime next year. | | | But it marks the first time that a California judge has declared unconstitutional the state law that defines marriage as a union between a man and a woman. | | | A trial judge in New York has ruled that state's same-sex marriage ban unconstitutional. |
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http://www.sfgate.com/cgi-bin/article.cgi?f=/c/archive/2005/03/14/samesexruling14.TMP
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| | FindLaw: U.S. Constitution: Article I: Annotations pg. 47 of 58 |
| | What Constitutes Punishment.--An act of Congress that prescribed as a qualification for practice before the federal courts an oath that the attorney had not participated in the Rebellion was found unconstitutional since it operated as a punishment for past acts. |
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http://caselaw.lp.findlaw.com/data/constitution/article01/47.html
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| | Online NewsHour Update: Judge Rules 'Partial-Birth' Abortion Ban Unconstitutional -- June 1, 2004 |
| | A federal judge in San Francisco on Tuesday declared unconstitutional a controversial law that bans a specific form of late-term abortion in the first legal test of the new law. | | | The decision is the first from three lawsuits filed immediately after President Bush signed the bill into law last year. | | | The ruling, from U.S. District Judge Phyllis Hamilton, applies to the nation's 900 Planned Parenthood clinics and their doctors, who perform roughly half of all abortions in the United States. |
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http://www.pbs.org/newshour/updates/abortion_06-01-04.html
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