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The majority's order declared, in terms of section 167(4)(e) of the Constitution, that Parliament had failed to comply with its section 72(1)(a) constitutional obligation to facilitate public involvement before passing the Choice on Termination of Pregnancy Amendment Act and Traditional Health Practitioners Act.
The court was unanimous in holding that the matter fell within its exclusive jurisdiction under section 167(4)(e) of the Constitution, insofar as it concerned an alleged failure by Parliament to fulfil its constitutional obligations. On the other legal questions, however, the court was split seven to four.
The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices.
Powell v. McCormack, 395 U.S. 486 (1969), is a United States Supreme Court case that held that the Qualifications of Members Clause of Article I of the US Constitution is an exclusive list of qualifications of members of the House of Representatives, which may exclude a duly elected member for only those reasons enumerated in that clause.
Section 1 vests the judicial power of the United States in federal courts and, with it, the authority to interpret and apply the law to a particular case. Also included is the power to punish, sentence, and direct future action to resolve conflicts. The Constitution outlines the U.S. judicial system.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
Section 3 lays out various other rules for the Senate, including a provision that establishes the vice president of the United States as the president of the Senate. Section 4 of Article One grants the states the power to regulate the congressional election process but establishes that Congress can alter those regulations or make its own ...
Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the president to nominate and, with the confirmation (advice and consent) of the United States Senate, to appoint public officials, including justices of the Supreme Court. This clause is one example of the system of checks and balances ...