Suchergebnisse

This note has four main objectives: (1) to evaluate the Court's reliance upon the structures and relationships established by the Constitution to support an implied limitation upon congressional power; (2) to consider whether the rationale behind intergovernmental tax immunities should be extended to commerce clause legislation; (3) to ascertain when a state sovereignty limitation is not appropriate; and (4) to identify some theoretical and practical implications National League may have for the future of the federal system. The primary conclusion reached is that the continued existence of the federal system requires the imposition of a state sovereignty limitation on all exercises of congressional power which unnecessarily interfere with the states' constitutionally guaranteed autonomy. It is further concluded, however, that in certain cases it is consistent with the structure of the federal system that the states' implied immunity from congressional control yield to the exigencies of the Union. When the national interest clearly compels state compliance with federal standards, and when the burden imposed is not excessive, then a state sovereignty limitation is not appropriate.

Cover title. ; Vol. 1. Submitted December 15, 1971, to the 1972 Legislature -- v. 2. Submitted December 15, 1973, to the 1974 Legislature -- v. 3. Submitted February 1, 1975, to the 1975 Legislature -- v. 4. Submitted to the 1976 Legislature. ; Mode of access: Internet.

section 1. Policy and pillar aspects of the constitutional treaty -- section 2. Case studies of national preferences -- section 3. Roles of presidencies and community actors -- section 4. The negotiation process -- section 5. Ratification issues -- section 6. Perspectives and assessments.

Abstract
In this article, I seek to defend three main claims: Firstly, that the kinds of practices that are the object of study of constitutional theorists are undergirded by certain fundamental shared understandings. Secondly, that these shared understandings together form a rich fabric of meaning that is, broadly speaking, held in common across modern western societies, which I call the 'constitutional imaginary'. Thirdly, that political institutions play a symbolic role as 'repositories' of shared understandings, which is crucial for the development, maintenance, propagation and evolution of the constitutional imaginary. On the basis of these claims, I propose a distinctive role for constitutional theory: the interpretation of the social meaning of political institutions and the actions and events that take place in and around them.

Since General Franco's dictatorship until today, Catalan autonomy has been an issue of considerable importance in the implementation of public policies in Spain, particularly its process of institutionalisation, strengthening and delimitation, in accordance with the historical and political context, through the adoption of legal instruments that have guaranteed the Catalan people independence in different areas of public life. Currently, the independence movement is seeking to create a new State and has taken several actions to legitimize these ideas, which have not always conformed to the constitutional framework. This document seeks to describe the constitutional legal framework within which Catalan autonomy is circumscribed, as well as an analysis of this case in international law to ascertain the limits to which the aspirations of independence are confronted. ; Desde la dictadura del General Franco hasta la fecha, la autonomía catalana ha sido un asunto de bastante relevancia en la ejecución de políticas públicas de España, particularmente su proceso de institucionalización, fortalecimiento y delimitación, de acuerdo al contexto histórico y político, a través de la adopción de instrumentos jurídicos que le han garantizado al pueblo catalán independencia en distintas áreas de la vida pública. Actualmente, el movimiento independentista busca crear un nuevo Estado y para ello ha tomado varias acciones a fin de legitimar esas ideas, las cuales no siempre se han ajustado al marco constitucional. Este documento busca describir el marco jurídico constitucional en el que se circunscribe la autonomía catalana, así como un análisis de este caso en el derecho internacional para conocer los límites a los que se enfrenta las aspiraciones de independencia.

The Tea Party movement and its constitutional vision for the United States is perhaps the hottest topic in American public law today. The rising tide of popular support for the Tea Party movement has transformed what was once cast aside as a fleeting faction into a formidable force in American politics—one that could augur significant consequences for the contours of American constitutional law in the years ahead.

State carbon policies to control climate warming and our energy future are under legal attack. A successful barrage of litigation now invokes the dormant Commerce Clause and the Federal Power Act as interpreted through the Filed Rate Doctrine, as well as the Supremacy Clause of the U.S. Constitution, to challenge the legal validity and sustainability of these state carbon-based laws. California and other states have survived these legal challenges sparingly, and then often only by prevailing with procedural defenses that dismiss the case before a decision on the legal merits of their state energy regulation. This Article examines and analyzes the multiple legal dimensions of challenges on carbon control and sustainable energy in a constellation of states, comparing them to California's particular legal challenges. The Constitution is not changeable by simple legislation; its requirements and restrictions endure, and state action on energy can be ruled unconstitutional. The now-forming precedent will construct and limit the U.S. carbon-control future as states labor to achieve a legally sustainable economy. This Article navigates these recent challenges to state carbon control and sustainable energy statutory and regulatory law. How the judiciary is resolving each challenge, and the precedent created, will chart the future of U.S. sustainable energy policy.