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The court determined that the residual clause was unconstitutionally vague because of the combination of two factors: (1) it focused on the ordinary case of a felony, rather than statutory elements or the nature of the convicted's actions, leaving significant uncertainty about how to assess the risk posed by a crime; and (2) the clause does not ...
The law's effects are thereby far broader than intended or than the U.S. Constitution permits, and hence the law is overbroad. The "strong medicine" of overbreadth invalidation need not and generally should not be administered when the statute under attack is unconstitutional as applied to the challenger before the court.
Municipal ordinance imposing licensing and other requirements on sale of drug paraphernalia was not facially an overbroad restriction on speech as overbreadth doctrine does not apply to commercial speech; facial challenge as vague fails where plaintiff cannot demonstrate law was impermissibly vague in all its applications, and as economic ...
A federal appeals court has stuck down the Federal Communications Commission's policy on indecent content, saying it "violates the First Amendment because it is unconstitutionally vague." The ...
The ruling was one of a series which overturned elements of President Roosevelt's New Deal legislation between January 1935 and January 1936, until the Court's intolerance of economic regulations shifted with West Coast Hotel Co. v. Parrish. [3] The NIRA allowed local codes for trade to be written by private trade and industrial groups.
United States Civil Service Commission v. National Association of Letter Carriers, 413 U.S. 548 (1973), is a ruling by the United States Supreme Court which held that the Hatch Act of 1939 does not violate the First Amendment, and its implementing regulations are not unconstitutionally vague and overbroad.
As voters weigh their options for the 2024 presidential election, economists are analyzing Vice President Kamala Harris' proposed economic policies with a critical eye. While many experts believe ...
The interviewer, John Micklethwait, editor-in-chief of Bloomberg News, cited projections by budget analysts that Trump’s plans would add $7.5 trillion to the federal debt through the year 2035 ...