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The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
Section 1 authorizes the creation of inferior courts, but does not require it; the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judges do not face term limits, and that an individual judge's salary may not be decreased.
Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982), was a case in which the Supreme Court of the United States held that when the character of the governmental action is a permanent physical occupation of property, the government actions effects regulatory taking to the extent of the occupation, without regard to whether the action achieves an important public benefit or has ...
The government's goal must be something that it is acceptable for the government to pursue. The legislation must use reasonable means to the government's goals but not necessarily the best. Under a rational basis test, the burden of proof is on the challenger so laws are rarely overturned by a rational basis test. [39]
Determines which laws Congress intended to apply to any given case; Determines whether a law is unconstitutional. (The power of judicial review is not expressly granted in the Constitution, but was held by the judiciary to be implicit in the constitutional structure in Marbury v. Madison (1803).)
Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (2014), is a landmark decision [1] [2] in United States corporate law by the United States Supreme Court allowing privately held for-profit corporations to be exempt from a regulation that its owners religiously object to, if there is a less restrictive means of furthering the law's interest, according to the provisions of the Religious Freedom ...
And any laws or court rulings limiting the influence of religion in schools and government — such as the U.S. Supreme Court’s 1962 and 1963 decisions banning mandatory public school prayer and ...
McLean v. Arkansas Board of Education, 529 F. Supp. 1255 (E.D. Ark. 1982), was a 1981 legal case in the US state of Arkansas. [1]A lawsuit was filed in the United States District Court for the Eastern District of Arkansas by various parents, religious groups and organizations, biologists, and others who argued that the Arkansas state law known as the Balanced Treatment for Creation-Science and ...