In the USA, this led to the adoption of the Delaney clause, an amendment to the Federal Food, Drug, and Cosmetic Act of 1938, stating that no carcinogenic substances may be used as food additives.

The clause " herein granted " was further defined and elaborated by the tenth amendment.

That is to say, an amendment that changed this clause to provide that all states would get only one Senator ( or three Senators, or any other number ) could be ratified through the normal process, but an amendment that provided for some basis of representation other than strict numerical equality ( for example, population, wealth, or land area ) would require the assent of every state.

The limitation originally took the form of a clause in the text of the constitutional amendment itself, such as " This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

However, with the Twenty-third, Twenty-fourth, Twenty-fifth and Twenty-sixth amendments, Congress instead placed the ratification deadline in the resolving clause of the joint resolution proposing the amendment rather than in the amendment's actual text.

In the case of the Equal Rights Amendment, however, it was argued that since the original March 22, 1979, deadline was contained in only the resolving clause of the joint resolution proposing the amendment — rather than in the actual text of the amendment itself — that the deadline could be altered.

During the original debate over the amendment Senator Jacob M. Howard of Michigan — the author of the Citizenship Clause — described the clause as having the same content, despite different wording, as the earlier Civil Rights Act of 1866, namely, that it excludes Native Americans who maintain their tribal ties and " persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers.

Article 79 states the Basic Law may be amended by an absolute two-thirds majority of the Bundestag along with a simple two-thirds majority of the Bundesrat, excluding amendment of those areas defined by the eternity clause.

Miller argues that if the privileges or immunities clause protected the civil rights of citizens of a state from that state, then the 14th amendment would in essence be granting to the Federal government the power to protect all civil rights that had previously been protected by the states, and that " in the absence of language which expresses such a purpose too clearly to admit of doubt ," this was too radical a change to be within the scope of the 14th amendment.

Field's reading of the due process clause of the amendment would prevail in future cases in which the court read the amendment broadly to protect property interests against hostile state laws.

The amendment provided that the neutralization clause should not prevent the United States from any measures it thought needful for its own defense or the preservation of order, specifically declared the Clayton-Bulwer Treaty abrogated, and struck out the third clause inviting the concurrence of other powers.

The government made its rejection a question of confidence, and the amendment was withdrawn ; but the result was the insertion of the Cowper-Temple clause ( which prohibited the use of distinctive religious formularies in a rate-supported school ) as a compromise before the bill passed.

In 1690 Sacheverell moved a famous amendment to the Corporation Bill, proposing the addition of a clause for disqualifying for office for seven years municipal functionaries who had surrendered their charters to the Crown.

1993 ) ( holding that statute limiting marriage to opposite-sex couples violates the Hawaii constitution's equal-protection clause unless the state can show that the statute is ( 1 ) justified by compelling state interests and ( 2 ) narrowly tailored, prompting a state constitutional amendment and the federal Defense of Marriage Act )

Specifically, an elective law made passage easier and many felt that compulsory workers ’ compensation laws would violate the 14th amendment due process clause of the U. S. Constitution.

The foreign slave trade was outlawed by an act of Congress rather than by a constitutional amendment shortly after that clause expired in 1808.

" The majority disagreed, holding that the amendment violated the Equal Protection clause of the Fourteenth Amendment.

Japan proposed the inclusion of a " racial equality clause " in the Covenant of the League of Nations on 13 February as an amendment to Article 21:

The clause reprobating the enslaving the inhabitants of Africa was struck out in complaisance to South Carolina and Georgia, who had never attempted to restrain the importation of slaves, and who on the contrary still wished to continue it.

Even though in civil rights legislation in 1957 and 1960 the provision for the Attorney General to act was eliminated, should we nevertheless support such a clause??

Proponents of repeal argue that the clause is a bigoted anachronism ; Cardinal Winning, who was leader of the Roman Catholic Church in Scotland, called the act an " insult " to Catholics.

" One of the biggest stories of the season transpired as the club made a midseason deal for Fred McGriff, which was drawn out for nearly a month as McGriff debated waiving his no-trade clause, as the Cubs led the wild card race by 2. 5 games in early September.

An unusual clause in the colonial land grant outlined the territory that the proprietors of New Jersey would receive as being " westward of Long Island, and Manhitas Island and bounded on the east part by the main sea, and part by Hudson's river ", rather than at the river's midpoint, as was common in other colonial charters.

This denied the Carthaginians access to any mercenary manpower from Italy and most of Sicily, although this later clause was temporarily abolished during the Mercenary War.

The clause providing for withholding recognition of revolutionary governments was expanded to preclude recognition of any revolutionary leader, his relatives, or anyone who had been in power six months before or after such an uprising unless the individual's claim to power had been ratified by free elections.

Greenberg was one of the few baseball people to testify on behalf of Curt Flood in 1970 when the outfielder challenged the reserve clause.

It is, indeed, not improbable that it was as a result of this war that Lord Ochiltree's Committee formed the Statutes of Iona in 1609 and the Regulations for the Chiefs in 1616 was induced to insert a clause in the Statutes of Iona by which ' marriages contracted for several years ' were prohibited ; and any who might disregard this regulation were to be ' punished as fornicators '".

The view of Henry and his advisors did not encompass a long view into constitutional history: the Coronation Charter was one of several expedients designed to distance him from the extraordinary and arbitrary oppressions of William Rufus ' reign, claiming to return to the practices of Edward the Confessor, made clear in clause 13, a statement of general principles.

" This clause was interpreted after 1917 to mean that a doctor could not prescribe opiates to an addict, since addiction was not considered a disease.

In addition to reparations, Stalin pushed for " war booty ", which would permit the Soviet Union to directly seize property from conquered nations without quantitative or qualitative limitation, and a clause was added permitting this to occur with some limitations.

On February 12, 1788, Madison in the Federalist Letter No. 54, stated that the Constitutional three-fifths compromise clause was the best alternative for the slaves current condition and for determining representation of citizens in Congress.

" Equalization of land rights " was a clause included by Dr. Sun in the original Tongmenhui.

Another clause of the treaty was that Germany would not interfere with the Soviet Union's actions towards Bessarabia, then part of Romania ; as the result, Bessarabia was joined to the Moldovan ASSR, and become the Moldovan SSR under control of Moscow.

The 1215 document contained a large section that is now called clause 61 ( the original document was not actually divided into clauses ).

When the agreement was made to pass on the rights to the FSF, there was a clause that stated

It was then that Padres manager Dick Williams informed Herzog that a no-trade clause had been included in Smith's 1981 contract.

Upon learning of the trade, Smith's initial reaction was to invoke the clause and stay in San Diego, but he was still interested to hear what the Cardinals had to say.

The clause also embraces a right to travel, so that a citizen of one state can go and enjoy privileges and immunities in any other state ; this constitutional clause was expressly extended to Puerto Rico by the U. S. Congress through the federal law and signed by the President Harry S. Truman in 1947.

Anything at or below that level does not constitute war potential .” Apparently when the SDF was created, “ since the capability of the SDF was inadequate to sustain a modern war, it was not war potential .” Seemingly, the Japanese government has looked for loopholes in the wording of the peace clause and the “ constitutionality of the Japanese military has been challenged numerous times .” Some Japanese people believe that Japan should be truly pacifist and claim that the SDF is unconstitutional.

The small city has been the hometown for a number of noted athletes including Olympic gymnast Cathy Rigby, and many major league baseball players, including Andy Messersmith, who challenged baseball's reserve clause and helped established free agency in professional sports.

The WHA successfully challenged the reserve clause, which bound players to their NHL teams even without a valid contract, allowing players in both leagues greater freedom of movement.

When she heard that her aunt Sylvia had willed most of her $ 2 million to charity, she challenged the will's validity in court by producing an earlier will which allegedly left the entire estate to Hetty, and included a clause invalidating any subsequent wills.

He challenged the reserve clause which tied players to a team indefinitely in court and protested player salary caps.

Miller challenged the reserve clause which was used by team owners to bind players to one team.

Nevertheless, he was the first major league player who challenged baseball's reserve clause in an early chapter in the labor-management skirmishes that brought free agency and multimillion-dollar player contracts.

Blackmer challenged the fine under the due process clause of the Fifth Amendment.

The record does not show that the defendant separately challenged in the trial court the validity of the first clause.

Texas allows for a no-contest clause to be challenged for just cause and provided the action to challenge was made in good faith ( Texas Probate Code, Chapter IV, Section 64 ; Texas Estates Code Sec.

The legality of the raid was challenged in court, where a federal appeals court ruled that the FBI had violated the Speech or Debate clause of the United States Constitution by allowing the executive branch to review materials that were part of the legislative process.

When the legality of the born secret was directly challenged in a freedom of the press case in 1979 ( United States v. The Progressive ) where a magazine attempted to publish an account of the so-called " secret of the hydrogen bomb " ( the Teller-Ulam design ) which was apparently created without recourse to classified information, many analysts predicted that the Supreme Court would, if it heard the case, reject the " born secret " clause as being an unconstitutional restriction of speech.

The efficacy of a DAPT may also be challenged under the Supremacy clause of the U. S. Constitution, under the applicable fraudulent transfer statute, or because the settlor retained some prohibited control over the trust.