In 1890, the United States Supreme Court came close to declaring the punishment to be unconstitutional.
Dukakis had been told in no uncertain terms that such a law would be unconstitutional.
The judge declared the portion of the Stored Communications Act allowing this disclosure to be unconstitutional.
The Supreme Court ruled recently that the statute was so vague as to be unconstitutional.
But Barnett says Roberts implies that if the tax were higher, it might be unconstitutional.
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The colonists considered the constant imposition of taxes on them under those circumstances to be unconstitutional.
The lower court issued a broad ruling declaring the law, passed by statewide referendum, to be unconstitutional.
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That would not be unconstitutional, but it would certainly not be the outcome desired by today's conservative warriors.
Issuing debt beyond the debt ceiling would be unconstitutional but not as unconstitutional as raising taxes or cutting spending.
They seemed less hostile to another: that a redistricting plan might be unconstitutional if its sole justification was partisanship.
The bill may even be unconstitutional, if the withdrawal of old rights can be shown to amount to expropriation.
Much in the act may be unconstitutional even without such an enumerated right.
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You put these two cases together, and there is no doubt that these regulations would be unconstitutional if adopted coercively.
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Further, they contend that if the law does in fact strip jurisdiction from the Supreme Court, then it would be unconstitutional.
Ahead of the sentencing, assistant defence lawyer Anthony Chambers argued that a life sentence for Abdulmutallab would be unconstitutional, since no other passengers were hurt.
But the Supreme Court declared the exaction to be unconstitutional, though only when applied to rental income and other revenues derived from property use (such as dividends).
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The problems began with the determination of President Alberto Fujimori to seek a third consecutive term, which all but his own acolytes rightly held to be unconstitutional.
Law professor Orin Kerr has concluded that ECPA may actually be unconstitutional and violates the Fourth Amendment in its allowing law enforcement to read emails without a warrant.
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It was to kick in beginning in 2013 but experienced a significant set back last week when the French court found the tax law to be unconstitutional.
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Whatever the outcome, both main parties in Spain have ruled out the possibility of an Edinburgh-style agreement to hold a referendum, saying such a move would be unconstitutional.
Even so, ministers had said that calling the council into session on this issue would be unconstitutional, and would be seen as applying political pressure to the courts.
But the opposition says such a move would be unconstitutional.
Should the courts find the board to be unconstitutional, business groups will seek to alter the organisation fundamentally not merely to tinker with the way its board members are appointed.
The provisions in California law regarding the 80 percent asset and payroll requirements were found to be unconstitutional in August 2012 by the California Court of Appeal in Cutler v.
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The Justice Department argues civil union and domestic partnership laws may themselves be unconstitutional and that those states should go all the way and grant same-sex couples full marriage rights.
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But the opposition says such move would be unconstitutional.
At a recent hearing, Democratic Rep. Kay Floyd, who was an administrative law judge before winning election to the Legislature, expressed concern that several bills the committee passed appeared to be unconstitutional.
The Left party (die Linke) argues that the fiscal treaty, which makes German spending dependent on revenue, has a clause saying it should never be rescinded - and it considers that to be unconstitutional.
Mr Volokh believes such restrictions should be unconstitutional.
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