Search results for: "IF" (3830 results)
interpret: without a written constitution, written statutes, or any writing at all. If texts aren’t fundamental to originalism, then originalism isn’t
language provides that if application of a law or regulation to a person “substantially burdens” her exercise of religion, the government must exempt
challenging situation harder, if not impossible. With the enormous increase in regulation, mushrooming amount of data, and complexity of engaging our courts
“state may, if its citizens choose, serve as a laborator… See, e.g., Texas v. Johnson, 491 U.S. 397 (1989) (holding that the First Amendment to the U.S
on the legality of a federal regulation and—if it is illegal—to enjoin or vacate that regulation in an order with universal effect. Judges and
legitimacy in order to save it. And their case that there is any crisis may fail to persuade a reader with different legal or political priors. If the
of enemy combatants alleged to have committed punishable offenses in the past. If truth be told, and often it is not, there is no compelling reason
if they had approved of the norm originally. Among the grounds that they provide for this result are an analogy between customary and treaty law and
constitutionally suspect if they “unfairly or unnecessarily burden[] the ‘availability of political opportunity.’”3 The Supreme Court, for example, has
congressional wrongdoing, however, involves such interactions between members and their constituents (or other interested citizens). If the speech or