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Tag Archives: Constitutional Law Digest

09-1227 Bond v. U.S.

Constitutional Law Tenth Amendment; standing A criminal defendant has standing to challenge a federal statute on grounds that the measure interferes with the powers reserved to States. Federalism has more than one dynamic. In allocating powers between the States and National Government, federalism “‘secures to citizens the liberties that derive from the diffusion of sovereign power,’ ” New York v. ...

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2011AP613-LV & 2011AP765-W State of Wisconsin ex rel. Ozanne v. Fitzgerald

Constitutional Law Separation of powers A circuit court cannot enjoin publication of a law. “The court’s decision on the matter now presented is grounded in separation of powers principles. It is not affected by the wisdom or lack thereof evidenced in the Act. Choices about what laws represent wise public policy for the State of Wisconsin are not within the ...

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10-568 Nevada Commission on Ethics v. Carrigan

United States Supreme Court CIVIL OPINIONS Constitutional Law Free speech; ethics laws A state law requiring public officials to recuse themselves from voting on, or advocating the passage or failure of certain measures is not unconstitutionally overbroad. Restrictions on legislators’ voting are not restrictions on legislators’ protected speech. A legislator’s vote is the commitment of his apportioned share of the ...

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