The Obama administration calls the Defense of Marriage Act unconstitutional, agreeing with the ruling of lower federal courts.
Morrison, Rehnquist, again writing for the majority, declared parts of the federal Violence Against Women Act unconstitutional, arguing, again, that no economic activity was involved.
President Barack Obama believes the Defense of Marriage Act is unconstitutional, but continues to enforce it.
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Filburn argued that the Act was unconstitutional as applied to him because he was not using the excess wheat for any activity in the interstate market.
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The 6-3 majority opinion upheld a Ninth U.S. Circuit Court of Appeals decision that had declared unconstitutional the Stolen Valor Act, a 2006 statute Congress passed "to protect the reputation and meaning" of military honors.
It is not necessary for the U.S. Supreme Court to find the individual mandate portion of the Patient Protection and Affordable Care Act (ACA) to be unconstitutional in order to strike down the entire act, but it would be sufficient.
At the time, Kerry also said he thought the Defense of Marriage Act was unconstitutional because it violated the "full faith and credit" clause that requires states to recognize each other's laws -- one of the arguments Bush made Tuesday for why a constitutional amendment was needed.
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The argument that we have made before the Supreme Court and the argument that we have made publicly, including in a letter that the Attorney General sent to the Speaker of the House a couple years ago, is the argument that Section 3 -- let me make sure I got that right -- Section 3 of the Defense of Marriage Act is unconstitutional.
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Much in the act may be unconstitutional even without such an enumerated right.
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Joseph Bruno, the state Senate majority leader, who has been at loggerheads with Mr Spitzer since the summer (Mr Spitzer's office accused Mr Bruno of abusing his aircraft privileges), says the policy change is unconstitutional and contradicts a federal act which requires, among other things, a valid Social Security number to get a driver's licence.
The Texas case involves the infamous Tom DeLay redistricting and whether it's unconstitutional or illegal under the Voting Rights Act.
First the Court would hold that the federal Defense of Marriage Act (DOMA) is unconstitutional as a federal incursion on state power.
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The judge declared the portion of the Stored Communications Act allowing this disclosure to be unconstitutional.
The act was challenged in federal court and found unconstitutional because it was a direct tax that was not apportioned to the states by population.
If it were ruled unconstitutional, they had warned, the very power and effect of the entire Voting Rights Act would crumble.
President Bill Clinton signed the act into law in 1996, but said earlier this month that he now believes it is unconstitutional and should be overturned.
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