But constitutionalizing the right to abortion as Roe did in January 1973 hasn't relieved women of the consequences of sex or the vulnerabilities of pregnancy.
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But as pro-choice law professor Robin West has noticed, the constitutionalizing of abortion rights in Roe stands in dramatic tension with a political agenda that better values caregiving.
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The Supreme Court has successively removed civil rights, reproductive rights and gay rights from the whims of tyrannical local or national majorities by constitutionalizing them, notwithstanding attempts by conservative legislatures to resist.
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"While there is a common law right to self-defense, most historians think that it would be remarkable news to the framers of the Second Amendment that they were actually constitutionalizing a personal right to self-defense as opposed to trying to say something significant about the militia," he says.
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23, 1789, in 5 Writings of James Madison 424 (G. Hunt ed. 1904)). The members of the committee from the Senate were opposed to constitutionalizing the vicinage requirement, believing that the vicinage provisions of the first Judiciary Act (already being debate) were sufficient.
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Botswana's constitution is noted for being extremely gender neutral, with only one reference to sex in the entire document.Scribner, Druscilla, and Priscilla A. Lambert. "Constitutionalizing difference: A case study analysis of gender provisions in Botswana and South Africa." Politics & Gender 6.1 (2010): 37-61.
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Padilla, 130 S.Ct. at 1496. Scalia quoted Alito’s list of collateral consequences that might be included in an expansive duty to inform, including civil commitment, government benefits, and professional licenses.Padilla, 130 S.Ct. at 1496 (quoting Alito’s concurrence at p. 1488). Finally, Scalia objected to constitutionalizing an issue that might be better handled through legislation.
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Because of the difference in circumstances and its opposite holding, Connick was considered as the complement of Pickering, establishing a test that required determining whether the employee's speech was on a matter of public concern. The Court has revisited the issue in three cases since 1983. White's caution against constitutionalizing every public employment dispute has also informed two cases on the Fourth Amendment rights of public employees in internal investigations.
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The European treaties in general are different from classical treaties as they are constitutionalizing treaties, that is, they provide the basis for a European level of governance and rule of law. These treaties are similar to the British constitution, in that they are not necessarily a single document. They are based on treaties between its member governments but normally have to undergo closer scrutiny than other treaties because they are more far-ranging, affecting many areas of citizens' lives and livelihoods. Decision-making is partly intergovernmental and partly supranational within the Community areas.
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Benshoof published numerous articles in the Harvard Law Review, The Journal of the American Medical Association, The New York University Journal of International Law and Policy, Issues in Science and Technology, Women's Health Issues, and Law Ka Pala, a Journal of The Burma Lawyers' Council. Her publications include "Global Justice for the Twenty-First Century: International Legal Issues" for the Encyclopedia of Global Studies, "US Ratification of CEDAW: An Opportunity to Revisit and Reframe the Right to Equality Accorded Women under the US Constitution" for the NYU Review of Law and Social Change, and "The Upcoming Elections in Burma: Increasing Risks to Global Security by Constitutionalizing a Military Monopoly on Nuclear Development" with the Burma Lawyers' Council.
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The Republicans did pass the Fifteenth Amendment constitutionalizing black suffrage in 1870, but the goal of land redistribution was never realized. In 1879, Phillips argued that black suffrage and political participation during Reconstruction had not been a failure, and that the main error of the era had been the failure to redistribute land to the freedmen. He defended black voters as being " less purchasable than the white man," credited black labor and rule for the nascent regrowth of the southern economy, and commended black bravery against attacks from the first Ku Klux Klan. As the Reconstruction era came to a close, Phillips increased his attention to other issues, such as women's rights, universal suffrage, temperance and the labor movement.
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A 19th-century painting of a jury composed exclusively of white men Glasser is the first majority opinion of the Court to use the phrase "cross-section of the community,"Eric M. Albritton, Race- Conscious Grand Juror Selection: The Equal Protection Clause and Strict Scrutiny, 31 175, 207 n.629 (2003); Martha Craig Daughtrey, Cross Sectionalism in Jury-Selection Procedures After Taylor v. Louisiana, 43 1, 21 (1975); Andrew D. Leipold. Constitutionalizing Jury Selection in Criminal Cases: A Critical Evaluation, 86 945, 952 (1998); Robert William Rodriguez, Comment, Batson v. Kentucky: Equal Protection, the Fair Cross-Section Requirement, and the Discriminatory Use of Peremptory Challenges, 37 755, 768 (1988).Sanjay K. Chhablani, Re-Framing the 'Fair Cross-Section' Requirement, 13 931, 942 (2011).
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Abdelfatah is currently serving a five-year prison sentence for taking part in a protest against the constitutionalizing of military trial of civilians. In August 2020, an Egyptian court sentenced Hassan to 15 years in jail for "publishing false news" and "insulting the judiciary," in addition to an earlier three years sentence issued in September 2019, for a separate case with the same charges. The sentence was widely criticized, including by the UN High Commissioner for Human Rights, the European Parliament, and hundreds of public figures, journalists, academics, artists, and intellectuals from across the world. The sentence was also criticized by the United States, France, Sweden, Finland, Germany, Netherlands, Spain, Luxembourg, and the UK as well as prominent human rights organizations including Human Rights Watch, Amnesty International, and FIDH.
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Sheikh Fadlullah Nouri was one of the distinguished and avant-gardes of the constitutional movement. He had well realized the existing problems and challenges that faced Iranian people with full wisdom and said that the despotic regime was the main cause. For the same reason, he believed that people must counter with the autocratic regime in the best way that is constitution of legislature and constitutionalizing the Imperial regime; hence, once constitutional movement began, he made speeches and distributed tracts to insist on this important thing. After the westernized intellectuals involved in the constitutional movement, intellectuals held control of the constitutional movement that Sheikh and scholars had in mind and they rose up for restricting autocracy, all laws written down by intellectuals after establishment of the first parliament he seriously opposed and he published treatises, statements and speeches for their improvement.
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