Search results
Results from the WOW.Com Content Network
Two contentious aspects of NSLs are the nondisclosure provision and judicial oversight when the FBI issues an NSL, both of which federal courts have held to be constitutional. When the Director of the FBI (or their designee) authorizes the inclusion of a nondisclosure provision in an NSL, the recipient may face criminal prosecution if it ...
The threat of sending somebody to jail is sort of a last resort,” said Carl Tobias, a constitutional law professor at the University of Richmond School of Law. Judges holding government entities ...
Political question – the issues raised in the suit are unreviewable because the Constitution relegates it to another branch of government. [12] The Supreme Court prohibits itself from issuing advisory opinions where there is no actual case or controversy before them.(See Muskrat v. United States, 219 U.S. 346 (1911)). [14]
That is why I have a clear conscience and a sense of peace. I’ve done my job and protected all of our constitutional rights and have ensured that our criminal justice and judicial systems have ...
Constitutional avoidance canon: "When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided."
The U.S. Constitution's Section 3 of Article I, establishes the Senate, qualifications for senators and their role after a presidential impeachment.
In correspondence to the majority opinion's analysis in Thornton of the 1787 Constitutional Convention and the history of state-imposed term limits and additional qualifications for members of Congress, Williams notes that the Convention explicitly rejected a proposal to elect the President by a national popular vote, and that all of the ...
Therefore, on September 6, 2007, U.S. District Judge Victor Marrero ruled that the use of NSLs to gain access to e-mail and telephone data from private companies for counter-terrorism investigations was "the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values." The court struck ...