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Topic: Unconstitutional

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In the News (Sun 23 Jun 19)

  Unconstitutional - Wikipedia, the free encyclopedia
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.
The portion of the law that is declared void is considered to be struck down, as the statute is considered to be struck from the statute books, as a law that is unconstitutional has no effect.
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.
en.wikipedia.org /wiki/Unconstitutional   (178 words)

 UnConstitutional : Acclaimed Documentary Details Unconstitutionality of USA Patriot Act - Foreshadows recent US ...
Unconstitutional foreshadows the landmark decision by U.S. District Judge Victor Marrero striking down a surveillance portion of the USA Patriot Act.
Unconstitutional – the war on our civil liberties, a recent documentary from Director Nonny de la Peña and Executive Producer Robert Greenwald, explores in-depth the unconstitutionality of certain portions of the USA Patriot Act and the effect the USA Patriot Act has had upon people throughout the world.
Unconstitutional, which was written, directed and produced by Nonny de la Peña, explores how the Patriot Act has taken away checks on law enforcement and continues to endanger the civil liberties of all Americans.
www.emediawire.com /releases/2004/10/emw164109.htm   (951 words)

 Case law
Section 27-553 (anal sex) was found to also be unconstitutional in a 1999 settlement with the ACLU which argued Williams v.
Section 27-553 was found to also be unconstitutional in a 1999 settlement with the ACLU which argued Williams v.
The Oklahoma affiliate challenged the verdict and the State's anti-sodomy statute in the Oklahoma Court of Criminal Appeals, which had previously held that the law was an unconstitutional violation of the right to privacy as it applied to heterosexuals.
www.sodomylaws.org /legal.htm   (1306 words)

 Unconstitutional: The War on Our Civil Liberties   (Site not responding. Last check: 2007-11-07)
Unconstitutional: The War on Our Civil Liberties, is the third in a series of Public Interest Pictures films that follows Unprecedented: The 2000 Presidential Election and Uncovered: The War on Iraq.
True to their legacy, Unconstitutional provides the facts and stories that illuminate administration lies, wrongheaded policies, and the real victims of these actions--the American people.
Unconstitutional is a chilling look at how the Patriot Act went too far, too fast in restricting important liberties while not making us any safer," ACLU Executive Director Anthony Romero said.
www.publicinterestpictures.org /unconstitutional   (608 words)

 State: Court strikes down Terri's Law
The unanimous opinion in a right-to-die case that has generated international attention may finally end the long-running battle between Schiavo's husband and her parents over the removal of the feeding tube that has kept the brain-damaged woman alive for 14 years.
In the decision, the Florida Supreme Court said the law also was unconstitutional because the Legislature improperly delegated its authority to the governor without any standards on the exercise of that authority.
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.
www.sptimes.com /2004/09/24/State/Court_strikes_down_Te.shtml   (1144 words)

 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.
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.
If his ruling stands, he reasoned that the school children and their parents in the case would not be harmed by the phrase because they would no longer have to recite it at school.
www.breitbart.com /news/2005/09/14/D8CK7FLO8.html   (656 words)

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.
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.
The decisions of our sister States in holding unconstitutional statutory presumptions that custody of children of “tender years” should be awarded to the mother is also persuasive.
www.ancpr.org /in_the_superior_courtof_atkinson.htm   (4562 words)

 American Civil Liberties Union : Letter to the House Urging Members to Oppose H.R. 3313, the Marriage Protection Act   (Site not responding. Last check: 2007-11-07)
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.
As such, the Marriage Protection Act is unconstitutional as not "bear[ing] a rational relationship to a legitimate governmental purpose." Romer, 134 L. Ed.
The ACLU strongly urges you to reject the Marriage Protection Act because of its unconstitutional harm to a group of specific individuals and its harm to the constitutional role of the U.S. Supreme Court in determining with finality the constitutionality of federal laws.
www.aclu.org /LesbianGayRights/LesbianGayRights.cfm?ID=16099&c=101   (1220 words)

 Edwards v. Aguillard
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).
A decision respecting the subject matter to be taught in public schools does not violate the Establishment Clause simply because the material to be taught "'happens to coincide or harmonize with the tenets of some or all religions.'" Harris v.
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.
www.talkorigins.org /faqs/edwards-v-aguillard.html   (17923 words)

 Lap Dance Ordinance Ruled Unconstitutional - from Tampa Bay Online
The ruling is a stinging defeat for the city in its continuing fight to curb Tampa's adult entertainment industry.
Hillsborough County Judge Elvin Martinez said the so-called 6-foot rule is unconstitutional ``on the grounds that it is over broad, and on the grounds that the city's stated purpose for enacting the ordinance is not furthered by the ordinance.``
Martinez said the ordinance is aimed at prohibiting physical contact between nude dancers and patrons, but does not address patrons coming closer than six feet to nude women who are serving soft drinks.
news.tbo.com /news/MGADI4PCVPC.html   (321 words)

 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.
Judge Kermit Bye, writing for the panel, said a lack of consensus within the medical community on the necessity of the procedure means it cannot be banned by government.
Kopf in 1998 declared the law unconstitutional, a ruling affirmed by the U.S. Supreme Court in 2000.
www.commondreams.org /headlines05/0709-08.htm   (959 words)

 Disinformation :: UNCONSTITUTIONAL: The War on Our Civil Liberties: DVD
Unconstitutional is the third in a series of Public Interest Pictures films that follows Unprecedented: The 2000 Election and Uncovered: The Whole Truth About the Iraq War.
True to their legacy, Unconstitutional provides the facts and stories that illuminate administration lies, wrongheaded policies and the real victims of these actions — the American people.
Unconstitutional director Nonny De La Peña (The Jaundiced Eye, 1999) began her career as a journalist as a CNN intern and later became a stringer for Time Magazine and a correspondent for Newsweek Magazine.
www.disinfo.com /site/displayarticle5961.html   (772 words)

 The Oklahoma Constitution
For example, we've heard liberals claim that the Gideons passing out the New Testament to 5th graders is unconstitutional, or a Nativity scene in a Mustang, Oklahoma school play is unconstitutional.
First, the term unconstitutional is not the same as liberal.
It is unconstitutional for Congress to involve itself in education, or the arts, or most of the things they are involved in.
www.theshop.net /faithpub/a1con/constory8.html   (904 words)

 FindLaw's Writ - Amar: Why the California Supreme Court Repudiated San Francisco's Issuance of Same-Sex Marriage ...
Again, Newsom claimed he had the power to disregard state statutes he believed to be unconstitutional under the state and/or federal constitutions.
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.
writ.news.findlaw.com /amar/20040817.html   (1952 words)

 CNN.com - Federal judge rules part of Patriot Act unconstitutional - Jan. 26, 2004
A federal judge has declared unconstitutional a portion of the USA Patriot Act that bars giving expert advice or assistance to groups designated international terrorist organizations.
The ruling marks the first court decision to declare a part of the post-September 11, 2001 anti-terrorism statute unconstitutional, said David Cole, a Georgetown University law professor who argued the case on behalf of the Humanitarian Law Project.
In a ruling handed down late Friday and made available Monday, U.S. District Judge Audrey Collins said the ban on providing "expert advice or assistance" is impermissibly vague, in violation of the First and Fifth Amendments.
www.cnn.com /2004/LAW/01/26/patriot.act.ap   (374 words)

 Socialism is Evil: Part Two
That column argued that it was an immoral, not to mention an unconstitutional, act for Congress, through the tax code, to confiscate the earnings of one American to give to another American in the forms of prescription drugs, social security, food stamps, farm subsidies or airline bailouts.
Of course these particular decisions aren't made through a majority rule political process but they do illustrate that there's nothing sacrosanct about majority rule; it can be just another form of tyranny.
It's just as tyrannical for majority rule to determine other choices such as: retirement (Social Security), prescription drugs, healthcare and other unconstitutional uses of a person's earnings.
www.gmu.edu /departments/economics/wew/articles/04/socialism2.html   (627 words)

 Urban Legends Reference Pages: Inboxer Rebellion (Pledge of Allegiance)
schools is unconstitutional because it "violates the religion clauses of the Constitution" (i.e., the First Amendment protection that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof").
The ruling does not make the Pledge of Allegiance "unconstitutional" or "illegal" per se; it holds that the current version of the Pledge of Allegiance (which includes the words "under God") may not be recited in public schools as part of a teacher-led or school-sanctioned activity.
Technically, schools could still lead recitations of the original version of the pledge (before the 1954 insertion of the words "under God"), and students could still choose to recite either version on their own.
www.snopes.com /inboxer/petition/pledge.htm   (720 words)

 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 she made clear that each of these flaws, alone, was independently sufficient to render the law unconstitutional.
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.
writ.news.findlaw.com /lazarus/20031030.html   (1517 words)

 The Dangerous Initiatives of Tim Eyman and Voters Want More Choices   (Site not responding. Last check: 2007-11-07)
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.
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).
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.
permanentdefense.homestead.com /DangerousInitiatives.html   (885 words)

The expansion was needed because of an increase in the size of the congregation.
The church sued under the RFRA; the federal judge determined that the act was unconstitutional.
They issued their ruling on 1997-JUN-25, declaring the law to be unconstitutional.
www.religioustolerance.org /govt_con.htm   (727 words)

 Amazon.com: Unconstitutional - The War On Our Civil Liberties: DVD   (Site not responding. Last check: 2007-11-07)
Completing a trilogy that should be required viewing for all Americans, Unconstitutional explicitly reveals how the USA Patriot Act violates numerous civil liberties guaranteed by the U.S. Constitution.
Unconstitutional: The War on Our Civil Liberties is the new, hour-long documentary from Robert Greenwald – one of the most prolific and progressive producers in Hollywood – in conjunction with the ACLU.
True to their legacy, Unconstitutional provides the facts and stories that illuminate administration lies, wrongheaded policies and the real victims of these actions – the American people.
www.amazon.com /exec/obidos/tg/detail/-/B000621NRQ?v=glance   (1304 words)

 Ban on Type of Abortion Reversed (washingtonpost.com)
Hamilton adopted most of the arguments put forward by the Planned Parenthood Federation of America in finding that the measure was too vague, that it placed an unfair burden on women seeking certain kinds of abortions and that it did not do enough to protect women's health.
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 is before U.S. District Judge Richard Kopf, who ruled in 1997 that the state's ban on intact dilation and extraction was unconstitutional.
www.washingtonpost.com /wp-dyn/articles/A6694-2004Jun1.html   (937 words)

 CNN.com - Lawmakers blast Pledge ruling - June 27, 2002
Students at a school in Los Angeles' San Fernando Valley recite the Pledge of Allegiance in this October 2001 file photo.
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.
A three-member panel of the 9th Circuit Court of Appeals remanded the case to a lower court.
archives.cnn.com /2002/LAW/06/26/pledge.allegiance   (1114 words)

 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.
www.druglibrary.org /schaffer/debate/dwarcon1.htm   (3553 words)

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