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The court held that the ordinance was an unconstitutional tax on the Jehovah's Witnesses' right to freely exercise their religion. The petitioners used the distribution of pamphlets and brochures as a form of missionary activity with an evangelical purpose. Not all behavior could be allowed by claiming that it was a religious activity.
Stevens, writing for the majority, further investigated the Due Process issues of the ordinance. Firstly, the Court discussed the ordinance's failure to satisfy the fair notice requirement. Loitering under the ordinance's language was an act that could be used arbitrarily to identify community members by the police.
The Flipside, Hoffman Estates, Inc. (1982), the Supreme Court considered a pre-enforcement challenge to a municipal ordinance imposing licensing requirements and other restrictions on stores that sold drug paraphernalia. The Court sided with the village, holding that in such a lawsuit the plaintiff must demonstrate that the law would be ...
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest".
The constitutionality of zoning ordinances was upheld by the U.S. Supreme Court in Village of Euclid, Ohio v. Ambler Realty Co. in 1926. The zoning ordinance of Euclid, Ohio was challenged in court by a local land owner on the basis that restricting use of property violated the Fourteenth Amendment to the United States Constitution. Ambler ...
Rather than applying a strict scrutiny test for a law that on its face is based on a suspect classification, the court applied a discriminatory intent test to determine whether the ordinance was actually based on a discriminatory intent which, in turn, would determine the constitutionality of the ordinance since the ordinance mentioned nothing about racial classifications.
Law is an ordinance of reason because it must be reasonable [4] or based in reason and not merely in the will of the legislator. [ 5 ] [ 6 ] It is for the common good because the end or telos of law is the good of the community it binds, and not merely the good of the lawmaker or a special interest group. [ 4 ]
'a straight measuring rod; a ruler') is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organisation or church and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox Church , the Oriental Orthodox Churches , and the individual national ...