The appropriate application of that part of the clause which confers the same supremacy on laws and treaties, is to such acts of the State legislatures as do not transcend their powers, but though enacted in the execution of acknowledged State powers, interfere with, or are contrary to the laws of Congress, made in pursuance of the Constitution, or some treaty made under the authority of the United States.

* First and foremost, it governed player contracts that set up mechanisms to end the cross-league raids on rosters and reinforced the power of the hated reserve clause that kept players virtual slaves to their baseball masters.

" Refusing to give a literal reading to the state-granted charter of the Southern Pacific Railroad, which specified that the company could " collect and receive such tariffs ... as it may prescribe, Hughes contended that this clause " necessarily implies that the charges shall be reasonable and does not detract from the power of the State ... to prescribe reasonable rates.

Under clause 17 Article I Section 8 of the Constitution however, Congress has power to " exercise exclusive Legislation in all cases whatsoever " over the federal district ( Washington, D. C .) and other territory ceded to the federal government by the states, such as for military installations.

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.

The Articles of Confederation, ratified by the colonies in 1781, contained the clause, " The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states — fixing the standards of weights and measures throughout the United States — ....".

So, the statement " a deity can do anything " is only sensible with an assumed suppressed clause, " that implies the perfection of true power.

To forestall French incursion into what they had come to consider as their own sphere, the British government renewed efforts to finalise a boundary agreement with France and on 1 January 1890 instructed Governor Hay in Sierra Leone to get from chiefs in the boundary area friendship treaties containing a clause forbidding them to treat with another European power without British consent.

With an engineered power vacuum, the Parliament voted to remove the constitutional clause that would have required an election within sixty days, and declared that Eyadema's son, Faure Gnassingbé, would inherit the presidency and hold office for the rest of his father's term.

The Brazilian federal constitution states that the power to enter into treaties is vested in the president and that such treaties must be approved by Congress ( articles 84, clause VIII, and 49, clause I ).

Clause one is a " vesting clause ," similar to other clauses in Articles One and Three, but it vests the power to execute the instructions of Congress, which has the exclusive power to make laws ; " To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

" An important distinction between the vesting clause in Article I and this vesting clause is that this one is plenary ( i. e., it implies the power of the executive may fall in line with what other " executives " around the world at the time could do ), whereas the power vested in Article I is subject to limits to be outlined in later sections.

This clause of the Constitution, among others, has been interpreted to imply that the President has broad power over all matters of foreign policy.

Therefore, under the Territorial clause Congress had the power to determine which parts of the Constitution applied to the territories.

The body may be dismissed by the president with the concurrence of the Constitutional Court ; because that court is subject to presidential appointment, the dismissal clause weights the balance of power heavily toward the executive branch.

# That by retroactively extending copyright terms, Congress had violated the requirements of the Constitution's Copyright Clause, which gives Congress the following power: " To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries " ( emphasis added ) Plaintiffs argued that by reading this formulation so as to allow for any number of retroactive extensions, Congress could in practice guarantee an unlimited period of copyright protection, thus thwarting the intent of the clause.

If the court felt that it had the power to review legislation under the Commerce clause, Lessig argued, then the Copyright clause deserved similar treatment, or at very least a " principled reason " must be stated for according such treatment to only one of the enumerated powers.

" In 1989, the U. S. Small Business Administration refused small business loans to Subway franchise owners until Subway removed a contract clause which gave it power to seize and purchase any franchise without cause.

Proponents of these amendments, both of which passed with greater than 60 % voter approval, are accusing Scott's administration of attempting to " thwart the will of the voters ", by " abusing their power ", and the VRA's preclearance clause, as a means to defeat these amendments despite overwhelming voter support.

Eastern Orthodox Christians argue that thereby the council condemned not only the addition of the Filioque clause to the creed but also denounced the clause as heretical ( a view strongly espoused by Photius in his polemics against Rome ), while Roman Catholics separate the two and insist on the theological orthodoxy of the clause.

In arbitration law, separability describes the principle that an arbitration clause is considered separate from the contract in which it is contained.

Tlingit lacks a ditransitive, so the indirect object is described by a separate, extraposed clause.

However the justices had been unable to decide the issue and ordered a reargument of the case in fall 1953, with special attention to whether the Fourteenth Amendment's equal protection clause prohibited the operation of separate public schools by the states for whites and blacks.

He felt racial segregation was simply wrong, and Brown, whatever its doctrinal defects, remains a landmark decision primarily because of Warren's interpretation of the equal protection clause to mean that children should not be shunted to a separate world reserved for minorities.

If the child exited with a zero return code, sh would look for a then clause ( a separate statement, but often written joined on the same line with a semicolon ) and run that nested block.

During this turmoil, the Akali Dal began another agitation in February 1984 protesting against clause ( 2 )( b ) of Article 25 of the Indian constitution, which ambiguously states " the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion ", though it also implicitly recognizes Sikhism as a separate religion with the words " the wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

::( 2 ) to transmit or otherwise communicate a performance or display of the work to a place specified by clause ( 1 ) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

He won such an agreement in 1926, but it was soon scuttled by the federal addition of a clause requiring Alberta to continue supporting separate Roman Catholic schools.

In two separate findings, the Australian Communications and Media Authority determined Network Ten breached clause 2. 4 of the Commercial Television Industry Code of Practice.

Sarawak: It is interesting to note that Malays from Sarawak are defined in the Constitution as part of the indigenous people of Sarawak ( see the definition of the word " native " in clause 7 of Article 161A ), separate from Malays of the Peninsular.

The peace party around Amsterdam objected to the clause in the proposed treaty with France that bound the Republic's hands by prohibiting the conclusion of a separate peace with Spain.

In the BPI case they argued that BPI ’ s offerings of specialized engineering courses violated the " separate but equal " clause because these courses were not offered in high schools for black students.

In its most contentious post-war interpretation of the equal protection clause, Plessy v. Ferguson ( 1896 ), the Supreme Court upheld a Louisiana Jim Crow law that required the segregation of blacks and whites on railroads and mandated separate railway cars for members of the two races.

However, if the additional information does not help to identify more narrowly the identity of the noun antecedent but rather simply provides further information about it, then the adjective clause is non-restrictive and does require commas ( or a spoken pause ) to separate it from the rest of the sentence.

PhilDAC says that because the Administrator and Registry are not separate, the redelegation clause of the Guidelines has become operative.

He advocated strongly for inclusion of the Affero clause in GPLv3, and then assisted with the production of the AGPLv3 after the FSF decided to write a separate Affero version of GPLv3.

Although Sweden demanded that Norway vacate all land to the river Glomma, which was to serve as the new border, with the intercession of Hannibal Sehested, a separate Scandinavian treaty, the Treaty of Copenhagen, was negotiated which reaffirmed much of the Treaty of Roskilde, except that Trøndelag was returned to Norway and the island Bornholm to Denmark, and the clause closing the Sound was deleted.

He felt racial segregation was simply wrong, and Brown, whatever its doctrinal defects, remains a landmark decision primarily because of Warren's majestic interpretation of the equal protection clause to mean that children should not be shunted to a separate world reserved for minorities.

The law was found to be in violation of the separate but equal clause in the state's constitution by the state's Supreme Court late in 1909 when no equal opportunity was offered for the state's African-American children.

Later, because some civil courts viewed the enforcement of a religious document as a violation of the constitutional principle of the separation of church and state, Conservative rabbis began to require couples to sign a separate letter, stating that the clause had been explained to them as part of pre-marital counseling, and that both parties understood and agreed to its conditions, recognizing that this letter would constitute a separate civil document, enforceable in a civilian court.

Trademark law is not based in the intellectual property clause of the U. S. Constitution, and has distinct policy objectives which are not discussed here.

The history of commerce clause jurisprudence evidences a distinct difference in approach where the state is seeking to exercise its public health and safety powers, on the one hand, as opposed to attempting to regulate the flow of commerce.

Much of this decline in support was attributed to the " distinct society " clause, which some in English Canada saw as granting Quebec " special " status.

Eventually, the dual-membership clause in the party charter was revoked and PAS began to emerge as a distinct entity.

Quebec Premier Robert Bourassa of the Parti libéral du Québec was a major advocate of the distinct society clause.

He regarded it as granting Quebec powers that were vague and thus within the Quebec National Assembly's power to help determine ; indeed, what makes Quebec distinct could change in the future, and the distinct society clause would still recognize Quebec's progress.

Hogg was also confident the distinct society clause signalled little legal change.

As he wrote in 1988, the distinct society clause is " an affirmation of sociological facts with little legal significance.

Hence, the only way Hogg saw the distinct society clause as having legal effect would be in how to read the rest of the Constitution, although he did not expect that adding a " distinct society " clause would have much practical impact.

Rather than giving Quebec powers, he thought, the distinct society clause would recognize that Quebec already has powers that promote distinctiveness ( e. g. educational powers ), and, just as before the Meech Lake Accord, the use of these powers, even to protect the distinct society of Quebec, would be limited by the Canadian Charter of Rights and Freedoms.

The Accord also recognized that the distinct society clause did not undermine Canada's multiculturalism ( protected under section 27 of the Charter ) or Aboriginal community ( protected under section 25 of the Charter and other constitutional provisions ).

The Charlottetown Accord ( proposed amendments to the Constitution rejected in 1992 ) had a so-called " Canada clause " that would have also recognized Quebec as a distinct society.

This general limitations clause definitely makes the Canadian Charter distinct from its United States counterpart, the Bill of Rights.

( Note that the variable in the second clause was renamed to make it clear that variables in different clauses are distinct.