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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 ...
In the course of government, the crisis results when one or more of the parties to a political dispute willfully chooses to violate a law of the constitution; or to flout an unwritten constitutional convention; or to dispute the correct, legal interpretation of the violated constitutional law or of the flouted political custom.
"Cities and states that pretend that the federal rules don’t apply to them are just violating the constitution, violating our freedom,'' former New York Gov. George Pataki said Sunday.
In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution ; the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country ...
"Cities or states that can pretend that the federal rules don't apply to them are just violating the Constitution and violating our freedom… We had a Civil War over this," he said. "And, it ...
However, federal statutes and treaties must be within the parameters of the Constitution; [3] that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution ...
“A technical violation of the Constitution is not a violation of criminal law," Lauro contended, saying it was "just plain wrong" to suggest that Trump had pressed Pence to break the law.
The Court then specified that "in an extraordinary case, where a constitutional violation has probably resulted in the conviction of one who is actually innocent, a federal habeas court may grant the writ even in the absence of a showing of cause for the procedural default".