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The Court has also understood this language to mean that the sovereignty of the government under the U.S. Constitution is superior to that of the States. [52] Stated in negative terms, the Preamble has been interpreted as meaning that the Constitution was not the act of sovereign and independent states. [53]
While the Constituent Assembly was debating the Preamble, there was an argument to rename India the 'Union of Indian Socialistic Republics' as if India was to imitate the U.S.S.R. However, other members were not convinced. [6] There was even argument as to whether to include the names of 'God' and 'Gandhi' in the Preamble. The former was ...
They held that the Preamble's reference to a constitution "similar in principle to the United Kingdom" was a guarantee of the vibrant, free debate necessary for a parliamentary democracy to exist and function. The attempt by the Alberta government to limit free media infringed that principle and was ultra vires on that basis.
The text requires no additional action by Congress or anyone else after ratification by the required number of states. [133] Thus, when the Office of the Federal Register verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is ...
Jay noted the language of the Preamble of the Constitution, which states that the Constitution was ordained and established by "We the people," and he stated: "Here we see the people acting as sovereigns of the whole country, and, in the language of sovereignty, establishing a Constitution by which it was their will that the State governments ...
Sovereigntism, sovereignism or souverainism (from French: souverainisme, pronounced [su.vʁɛ.nism] ⓘ, meaning "the ideology of sovereignty") is the notion of having control over one's conditions of existence, whether at the level of the self, social group, region, nation or globe. [1]
However, Justice David Souter, writing for a four-Justice dissent in Alden, said the states surrendered their sovereign immunity when they ratified the Constitution. He read the amendment's text as reflecting a narrow form of sovereign immunity that limited only the diversity jurisdiction of the federal courts.
Justice Jaganmohan Reddy preferred to look at the preamble, stating that the basic features of the constitution were laid out by that part of the document, and thus could be represented by: A sovereign democratic republic. The provision of social, economic and political justice. Liberty of thought, expression, belief, faith and worship.