Search results
Results From The WOW.Com Content Network
An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text, can nevertheless be unconstitutional on substantive (as opposed to procedural) grounds—such as due to this amendment conflicting with some ...
The unconstitutional conditions doctrine forbids governments from “pressuring someone into forfeiting a constitutional right” by “coercively withholding benefits”. [8] Nollan and Dolan “involve a special application” of the unconstitutional conditions doctrine to the Fifth Amendment right to just compensation . [ 9 ]
In Sheetz, the Supreme Court made clear there's no legislative exception to the "unconstitutional conditions" doctrine—which requires that the conditions local governments place on the approval ...
"The stormwater capacity fee's calculation based on the total, rather than net, post-development impervious area violates the unconstitutional conditions doctrine as applied under the Fifth and ...
Reitman v. Mulkey, 387 U.S. 369 (1967), was a United States Supreme Court decision that set an important legal precedent that held that a state could not authorize invidious discrimination by private landlords without entangling itself in the ensuing discriminatory private decisions. Thus, the state constitutional amendment by referendum ...
Moreover, this bill directly violates the doctrine against unconstitutional conditions. That doctrine prohibits the government from conditioning the receipt of a governmental benefit upon the non ...
In particular, the doctrine was expanded by three Supreme Court cases in the 1980s. [5] In those cases, the Court "reaffirmed" the diminution in value test originating in Mahon, created the unconstitutional conditions doctrine for exactions, and "held an interim regulation could be considered a temporary taking". [5]
The conditions violate the Eighth and 14th Amendments of the U.S. Constitution, the Americans with Disabilities Act, and Individuals with Disabilities Education Act, the Justice Department said in ...