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Some of these have been successfully challenged in court. These states are Massachusetts, Maryland, North Carolina, Pennsylvania, South Carolina, Tennessee, and Texas. [63] Among the required beliefs is: a Supreme Being and a future state of rewards and punishments. (Tennessee Constitution Article IX, Section 2 is an example of this.) Some of ...
Schmidt believed that evidence of monotheism existed in tribal societies, and argued that all human societies recognize the Supreme Being as a non-exclusive spiritual entity which is paramount and also opposed by other spiritual entities. [4] Pettazzoni challenged Schmidt's concept of a Supreme Being as necessarily entailing monotheism.
Virginia, 19 U.S. 264 (1821), the Supreme Court held that the Supremacy Clause and the judicial power granted in Article III give the Supreme Court the ultimate power to review state court decisions involving issues arising under the Constitution and laws of the United States. Therefore, the Supreme Court has the final say in matters involving ...
Edwards v. Aguillard, 482 U.S. 578 (1987), was a United States Supreme Court case concerning the constitutionality of teaching creationism.The Court considered a Louisiana law requiring that where evolutionary science was taught in public schools, creation science must also be taught.
The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state constitutions, state courts, governors, ballot initiatives, or other ...
While he would concur with overthrowing a state supreme court's decision, as in Bush v. Gore, he built a coalition of Justices after 1994 that developed the idea of federalism as provided for in the Tenth Amendment. In the hands of the Supreme Court, the Constitution and its amendments were to restrain Congress, as in City of Boerne v.
A common misperception is that the Supreme Court is the only court that may determine constitutionality; the power is exercised even by the inferior courts. But only Supreme Court decisions are binding across the nation. Decisions of a Court of Appeals, for instance, are binding only in the circuit over which the court has jurisdiction.
This statute provides that lower federal courts may also hear cases where the Supreme Court has original jurisdiction, [1]: 19–20 with the exception of disputes between two or more states. When a case is between two or more states, the Supreme Court holds both original and exclusive jurisdiction, and no lower court may hear such cases.