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	CONSTITUTIONALITY OF 18 U.S.C. § 1120
		CONSTITUTIONALITY OF 18 U.S.C. Congress has clear constitutional authority to proscribe killings committed by escaped federal inmates serving life sentences, as provided in 18 U.S.C. § 1120, where the killings facilitate the escape or the avoidance of recapture.
		Congress's penological and custodial interests in ensuring the incapacitation of life-sentenced federal inmates provide compelling support for the constitutionality of 18 U.S.C. even when it is applied with respect to a post-escape killing that is not related to the escape or subsequent efforts to avoid recapture.
		The assumed constitutional foundation for the regimes is that Congress acquires a legitimate penological interest in regulating the behavior of federal convicts released on probation or parole, even if absent the conviction Congress could not similarly regulate the same behavior.
	www.usdoj.gov /olc/esc52.htm (6252 words)

	The Harvard Crimson :: Opinion :: What Cost Constitutionality?
		ROTC was not defeated on the basis of its merits--as it should have been--but on the misapplied technicality of constitutionality.
		The amendment concerning the constitutionality of ROTC should have been defeated in order to allow an intelligent discussion of the military's policies.
		Despite the restriction on commentary not relevant to the issue of constitutionality, speakers at the last council meeting were allowed to spout off about the issue's merits.
	www.thecrimson.com /article.aspx?ref=239953 (765 words)

	Constitutionality - Wikipedia, the free encyclopedia
		Constitutionality is the status of a law, a procedure, or an act's accordance with the laws or guidelines set forth in the applicable constitution.
		This means that only governments can violate the nation's constitution, but there are exceptions.
		There is much debate surrounding certain laws enacted by the US Legislature regarding their constitutionality.
	en.wikipedia.org /wiki/Constitutionality (422 words)

	Constitution - Wikipedia, the free encyclopedia
		This court judges the compatibility of legislation with the provisions and principles of the constitution, which is termed "constitutionality".
		Especially important is the court's responsibility to protect constitutionally established rights and freedoms.
		A "constitutional violation" is an action or legislative act that is judged by a constitutional court to be contrary to the constitution, that is, "unconstitutional".
	en.wikipedia.org /wiki/Constitution (4158 words)

	Constitutionality of 0 tolerance law
		Section 11-501.8 of the Illinois Vehicle Code, commonly referred to as the zero tolerance law, provides that any driver under the age of 21 who tests positive for the presence of alcohol or refuses testing upon a police officer’s proper request is subject to summary suspension of his or her driving privileges.
		After the Circuit Court of Cook County held Section 11-501.8 to be unconstitutional on its face, finding that the administrative proceedings violated the equal protection and due process rights of drivers under the age of 21, the state appealed directly to the Illinois Supreme Court.
		In reversing the Circuit Court’s judgment, the Supreme Court emphasized the strong presumption of constitutionality applicable to all statutory enactments.
	www.maddillinois.org /constitutionality_of_0_tolerance_law.htm (409 words)

	The Patry Copyright Blog: The Constitutionality of GATT Restoration
		The district court had upheld the constitutionality of Section 514 of the 1994 Uruguay Round Agreements Act; that is, 17 USC 104A.
		The DC Circuit's action follows on the heels of a similar decision by Chief Judge Babcock of the District of Colorado on April 20, 2005 in Golan v.
		This post will not attempt to convince anyone of the merits of the dispute over the constitutionality of the GATT restoration: the lines are too well drawn and hashed over in litigation, articles, and blogs.
	williampatry.blogspot.com /2005/05/constitutionality-of-gatt-restoration.html (954 words)

	CONSTITUTIONALITY OF BANS ON CAMPAIGN CONTRIBUTIONS AND SPENDING
		What has emerged from these cases is the consensus that protecting the electoral process from corruption is a compelling reason for the government to restrict campaign contributions.
		In other words, to be constitutionally sound, restrictions on contributions or expenditures must strike a reasonable balance between protecting the liberty interests in free speech and association and upholding campaign finance laws intended to encourage debate, but prevent corruption in the election process.
		The court concluded that the interest in preventing corruption was adequately served by contribution limits and disclosure requirements.
	www.cga.ct.gov /2005/rpt/2005-r-0180.htm (2316 words)

	Constitutionality of the beef checkoff program / Beef: It's What's in Our Courts
		The Charter case is on appeal from a November 1, 2002, ruling by U.S. District Judge Richard Cebull in Billings, Montana, upholding the constitutionality of the beef checkoff program.
		The Center is participating in representation of the Charters and hundreds of other independent cattle ranchers who oppose the per-head charge on cattle to pay for promoting beef consumption.
		In briefs filed with the Ninth Circuit, we argue that the checkoff program violates the First Amendment rights of the Charters and others who oppose being forced to support speech that is directly contrary to their views and interests.
	www.cfif.org /htdocs/legal_issues/legal_updates/first_amendment_cases/judge_richard_cebull.htm (677 words)

	Ivansco and Constitutionality of Child support
		We are mindful of other cases, decided by California and out-of-state courts, upholding the constitutionality of seemingly similar child support statutes.
		Finally, the courts addressed the constitutionality of placing a greater burden on parents whose children received AFDC rather than of those who did not.
		The issue we address is the constitutionality of the resulting burden on those other children.
	www.ancpr.org /ivansco.htm (2993 words)

	Fed-Soc.org - House Hearing on the Constitutionality of Campaign Finance Reform - Spring 1999 (Site not responding. Last check: 2007-10-21)
		Subcommittee Chairman Charles Canady (R-FL) explained that the purpose of the hearing was to establish the legal framework within which the constitutionality of campaign finance proposals must be analyzed.
		The fact that the FEC trips on the first amendment almost every time it moves calls into question its constitutionality over all and, at the very least, shows the need for considering the constitutionality of empowering the agency to further regulate political speech.
		The constitutionality of restricting this behavior by legislatively altering an express advocacy standard adopted by the Supreme Court to avoid unconstitutional vagueness and overbreadth is dubious at best.
	www.fed-soc.org /Publications/practicegroupnewsletters/freespeech&electionlaw/HouseHearing-freev3i1.htm (1134 words)

	Case Law Pertaining to Constitutionality of Billboard Amortization by State and Local Governments, B-302809, November ...
		As we explained, however, in deciding whether a particular amortization scheme was reasonable and constituted just compensation, courts were required to carefully weigh a number of factors reflecting public and private interests.
		[3] Courts have continued to evaluate the constitutionality of billboard amortization laws based on the reasonableness of the amortization period and other factors discussed in our 1991 opinion.
		A second reason for the small number of billboard amortization constitutionality cases is that courts sometimes strike down state amortization laws under state constitutions, rather than the U.S. Constitution, so the question of their status under federal law is not reached.
	www.gao.gov /decisions/other/302809.htm (1823 words)

	SSRN-Re-Examining the Constitutionality of Remittitur Under the Seventh Amendment by Suja Thomas (Site not responding. Last check: 2007-10-21)
		Moreover, the Supreme Court's discussion of the constitutionality of remittitur under the Seventh Amendment was dicta and focused only on whether remittitur violated the defendant's constitutional rights.
		An original study of remittitur decisions in the federal courts over ten years was conducted and is used to support the conclusion that remittitur effectively eliminates plaintiff's right to a jury trial.
		Thomas, Suja, "Re-Examining the Constitutionality of Remittitur Under the Seventh Amendment".
	papers.ssrn.com /paper.taf?ABSTRACT_ID=467342 (366 words)

	7206 Constitutionality p1
		Crimes: Aiding and assisting in preparation of false income tax returns: Constitutionality of statute: Competence of defendant to conduct own trial.--The defendant was convicted by a jury of the charge of aiding and assisting in the preparation and presentation of false and fraudulent income tax returns.
		While this precludes the relief sought; the Court would point out that even if the defendant were correct in his contention that a prosecutor cannot constitutionally be empowered to choose the more onerous of overlapping statutes under which to prosecute, it would not help him here.
		The provision of the Jencks Act, Title 18, U. §3500(a) and (b), was not unconstitutional as alleged by the taxpayer since it afforded recess provisions during trial for post-direct examination of witness' statements, and its validity has been upheld by the Supreme Court and lower courts in a wide variety of cases.
	www.irstaxattorney.com /Fraud-Statutes/7206_Constitutionality_p1.html (4104 words)

	Constitutionality
		This action challenged the constitutionality of the term extension legislation on both First Amendment grounds and on the basis that it was outside Congress's power under the "promotion of progress of science" clause quoted above.
		Patrick Haggarty, The Constitutionality of the Sonny Bono Copyright Term Extension Act of 1998, 70 U. Cincinnati L. Rev. 651 (2002), argues that retroactive extension violates the IP Clause of the Constitution and that the CTEA violates the First Amendment.
		The authors conclude that upholding the constitutionality of retroactive copyright term extensions is unconstitutional as inimical to innovation by inhibiting access to ideas without any countervailing benefit.
	homepages.law.asu.edu /~dkarjala/OpposingCopyrightExtension/constitutionality.html (2816 words)

	Constitutionality of Selective Purchasing Laws
		Therefore, although Burma and South Africa are somewhat analogous, the constitutionality of state and local selective purchasing laws directed against Burma is worth considering in light of the differences.
		To analyze the constitutionality of selective purchasing laws, three separate, but related, doctrinal areas must be considered.
		Of the three doctrines one must analyze to determine the constitutionality of selective purchasing laws, none is so amorphous as the "foreign affairs power"--the federal government's exclusive right to conduct foreign affairs.
	members.cox.net /whitearrow/burma.html (12144 words)

	Criminal Resource Manual 1088 Constitutionality (Site not responding. Last check: 2007-10-21)
		1988), the defendant challenged the constitutionality of the solicitation statute on vagueness grounds.
		The First Circuit upheld the constitutionality of § 373, emphasizing that the statute "picks out those who persuade others to commit a violent crime, seriously intending that they do so." Id.
		The solicitation offense is unaffected by the fact that the criminal activity may go further and become a chargeable conspiracy.
	www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm01088.htm (75 words)

	Supreme Court & Judicial Review
		That task is: Hearing cases wherein the constitutionality of a law or regulation is challenged.
		Since then, the idea that the Supreme Court should be the arbiter of constitutionality issues has become so ingrained that most people incorrectly believe that the Constitution granted this power.
		Article III of the Constitution provides for the establishment of a Judicial branch of the federal government and Section 2 of that article enumerates the powers of the Supreme Court.
	constitutionality.info /SupremeCourt.html (1227 words)

	Lawsuits against the State of Iceland to test constitutionality of the Database Act (Site not responding. Last check: 2007-10-21)
		February, 4 2000: Lawsuits against the State of Iceland to test constitutionality of the Health Sector Database Act.
		Avail in the English: Lawsuits against the State of Iceland to test constitutionality of the Health Sector Database Act.
		February, 4 2000: An appeal for help for lawsuits against the State of Iceland to test constitutionality of the Health Sector Database Act.
	www.mannvernd.is /english/lawsuit.html (1194 words)

	Testing the Constitutionality of Charter Schools: A Guide for Legislators
		Two taxpayers in Marin County brought suit to challenge the constitutionality of California’s new charter school law in 1998.
		The case was dismissed by the district court for lack of merit.
		They took their opposition to the district court – challenging the constitutionality of the state’s charter school law.
	www.edreform.com /index.cfm?fuseAction=document&documentID=1998 (1058 words)

	History: Constitutionality of the Death Penalty in America
		History: Constitutionality of the Death Penalty in America
		The 1960s brought challenges to the fundamental legality of the death penalty.
		Thus, on June 29, 1972, the Supreme Court effectively voided 40 death penalty statutes, thereby commuting the sentences of 629 death row inmates around the country and suspending the death penalty because existing statutes were no longer valid.
	deathpenaltyinfo.msu.edu /c/about/history/history-5.htm (377 words)

	Open and Gross Lewdness and Lascivious Behavior - Constitutionality - Elements of Crime (Site not responding. Last check: 2007-10-21)
		The defendants was charged with open and gross lewdness and lascivious behavior for their activities as seminude lap dancers.
		The defendants filed a motion to dismiss claiming the statute was constitutionally vague.
		The Circuit Court reversed stating that the terms "lewd" and "lascivious" was unconstitutionally vague.
	courts.co.calhoun.mi.us /98dis023.htm (177 words)

	ACSBlog: The Blog of the American Constitution Society: The Constitutionality of Terri Schiavo's Law (Site not responding. Last check: 2007-10-21)
		Schiavo mooted the opportunity for the courts to rule on the constitutionality of Public Law 109-3, but scholars and judges alike have weighed in on this issue.
		There may never be a determination on the constitutionality of Public Law 109-3, but the voice of one conservative judge may serve as a moderating force the next time Congress attempts to intervene in the state judicial process.
		ACS encourages its members to express their views and make their voices heard in order to further a rigorous discussion of important issues.
	www.acsblog.org /separation-of-powers-1115-the-constitutionality-of-terri-schiavos-law.html (1029 words)

	MDAA - From the Courts
		This fact prompted the SJC, for the first time, to look to the constitutionality of pre-trial probation as a disposition.
		The Court found that a judge dismissing an otherwise legally valid indictment violates the separation of powers doctrine.
		"To conclude otherwise would be to permit judges to substitute their judgment as to whom and what crimes to prosecute, for the judgment of those who are constitutionally charged with that duty, and who are accountable to the people for doing so responsibly.
	www.mass.gov /mdaa/courts/cheney_brandano.html (311 words)

	Calif. Bishops' Statement: The Constitutionality of SB 1779 \| The-Tidings.com
		Calif. Bishops' Statement: The Constitutionality of SB 1779
		We, the Catholic Bishops of California, have also questioned the fairness and constitutionality of the law.
		We believe that the challenge by Davenport is well taken and we support this challenge.
	www.the-tidings.com /2004/0716/calbishops.htm (789 words)

	Untitled Document
		Provides that in the event any local law, ordinance rule or regulation of a local government is challenged in an action or proceeding and such local government is not a party to the action or proceeding that local government must be given notice by the party raising the question of constitutionality.
		Attorney-general AUTHORIZED to appear in cases involving the constitutionality of an act of the legislature, OR A RULE OR REGULATION ADOPTED PURSUANT THERETO.
		When the constitutionality of a statute of the state, OR A RULE AND REGULATION ADOPTED PURSUANT THERETO is involved in an action to which the state is not a party, {the court shall notify} the attorney-general, {who} shall be NOTIFIED AND permitted to intervene in support of its constitutionality.
	www.dos.state.ny.us /lgss/ch296.htm (727 words)

	Firefighters challenge hate crime constitutionality
		North Lake firefighter Mark Weber walks out of a courtroom at the Waukesha County Courthouse, while North Lake Fire Chief Terrence Stapleton, left, remains seated at the conclusion of a hearing Wednesday.
		Weber and Stapleton are trying to challenge the constitutionality of hate crime charges against them.
		WAUKESHA - Defense lawyers Wednesday maintained what a prosecutor called "legal mumbo-jumbo" is actually good reason a judge should drop hate crime charges against two firefighters.
	www.gmtoday.com /news/local_stories/2005/September_05/09082005_04.asp (532 words)

	Social Security Online
		The constitutionality of the Social Security Act was settled in a set of Supreme Court decisions issued in May 1937.
		And when it became clear following the Social Security Act rulings that the Court had indeed shifted course, support for the court-packing plan turned to opposition and ultimately the plan was defeated (cf.
		Constitutionality of the Social Security Act: Opinions of the Supreme Court of the United States
	www.ssa.gov /history/court.html (3334 words)

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