It would appear that the length of time elapsing between proposal and ratification is irrelevant to the validity of the amendment.

" The 16th Amendment to the US Constitution does grant Congress the power to " lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration ," however, the party disputes the validity of the Amendment's ratification.

Although Byrd supported Congressional acceptance of the amendment, he contended that Wilson had deviated from " historic tradition " by not waiting for Congress to consider the validity of the ratification, given the more than 202-year lapse since the Amendment had been proposed.

" Other controversial cases included the War Crimes Act case ( 1991 ), regarding the validity of the War Crimes Act 1945 ; Dietrich v The Queen ( 1992 ), in which the court found that a lack of legal representation in a serious criminal case can result in an unfair trial ; Sykes v Cleary ( 1992 ), regarding the disputed election of Phil Cleary ; and Teoh's case ( 1995 ), in which the court held that ratification of a treaty by the executive could create a legitimate expectation that members of the executive would act in accordance with that treaty.

That action is of questionable validity, because the Congress submitted the amendment to the state legislatures for ratification rather than to state ratifying conventions.

It would need 35-37 ratifications to become part of the Constitution, depending on the validity of Ohio's rescission and of Illinois's questionable ratification.

The bond issue will go to the state courts for a friendly test suit to test the validity of the act, and then the sales will begin and contracts let for repair work on some of Georgia's most heavily traveled highways.

In 1995, Simon Keynes observed that " if Bede's concept of the Southumbrian overlord, and the chronicler's concept of the ' Bretwalda ', are to be regarded as artificial constructs, which have no validity outside the context of the literary works in which they appear, we are released from the assumptions about political development which they seem to involve ... we might ask whether kings in the eighth and ninth centuries were quite so obsessed with the establishment of a pan-Southumbrian state ".

In the decrees on marriage ( twenty-fourth session ) the excellence of the celibate state was reaffirmed ( see also clerical celibacy ), concubinage condemned and the validity of marriage made dependent upon the wedding taking place before a priest and two witnesses, although the lack of a requirement for parental consent ended a debate that had proceeded from the 12th century.

While the constitution does not expressly state that these agreements are allowed, and constitutional scholars such as Laurence Tribe think they're unconstitutional, the U. S. Supreme Court has upheld their validity.

Such declarations are typically made without the consent of the parent state, and hence are sometimes called unilateral declarations of independence ( UDIs ), particularly by those who question the declarations ' validity.

It made the same statement with regard also to later ordinations by those bishops, saying that, " as for those who have already thus unlawfully received ordination or any who may yet accept ordination from these, whatever may be the validity of the orders ( quidquid sit de ordinum validitate ), the Church does not and will not recognise their ordination ( ipsorum ordinationem ), and will consider them, for all legal effects, as still in the state in which they were before, except that the ... penalties remain until they repent " ( Sacred Congregation for the Doctrine of the Faith, Decree Episcopi qui alios of 17 September 1976-Acta Apostolicae Sedis 1976, page 623 ).

The Roman Catholic Church does not consider the validity of an ecumenical council's teaching to be in any way dependent on where it is held or on the granting or withholding of prior authorization or legal status by any state, in line with the attitude of the 5th-century bishops who " saw the definition of the church's faith and canons as supremely their affair, with or without the leave of the Emperor " and who " needed no one to remind them that Synodical process pre-dated the Christianisation of the royal court by several centuries ".

But the state of being falsifiable or scientific says nothing about its truth, soundness or validity, for example the unfalsifiable statement " That sunset is beautiful.

From some anarchist points of view, the validity of property depends on whether the " property right " requires enforcement by the state.

Thus, Constitutional limitations applied to the validity of state court judgments.

In more analytic terms, it is " the representational faithfulness of information to the true state of the object that the information represents, where representational faithfulness is composed of four essential qualities or core attributes: completeness, currency / timeliness, accuracy / correctness and validity / authorization.

# A person may state he understands the implications of some action, as part of his consent, but in fact has failed to appreciate the possible consequences fully and later deny the validity of his consent for this reason.

In 1186 Henry VI, rex romanorum and future emperor, granted diplomatic recognition to the consular government of the city ; afterward Pope Innocent III, whose major aim was to give state dignity to the dominions having been constituting the patrimony of St. Peter, acknowledged the validity of the imperial statement and recognised the established civic practices as having the force of law.

Non-repudiation refers to a state of affairs where the purported maker of a statement will not be able to successfully challenge the validity of the statement or contract.

Critics of the movement, however, point to various discrepancies that result from current state standardized testing practices, including problems with test validity and reliability and false correlations ( see Simpson's paradox ).

The Catholic position, according to Augustine, was ex opere operato — from the work having been worked ; in other words, that the validity of the sacrament depends upon the holiness of God, the minister being a mere instrument of God's work, so that any priest or bishop, even one in a state of mortal sin, who speaks the formula of the sacrament with valid matter and the intent of causing the sacrament to occur acts validly.

The party challenging the validity of a state statute or municipal ordinance bears the burden of showing that it discriminates against, or places some burden on, interstate commerce.

Other legal questions currently being considered are those of state practice, i. e. whether the relevant states de facto treat the frontier as an international boundary, and whether the de jure independence of the Tribal Territories at the moment of Indian Independence undermine the validity of Durand Agreement and subsequent treaties.

* Daniel Dennett, in Consciousness Explained, has called into question the validity of this sort of thought experiment altogether, maintaining that when a thought experiment is too far removed from the actual state of affairs, our intuitions cease to be meaningful.

Some communists, such as left communists, dispute the validity of the term " communist state ".

The Court of Justice can also issue preliminary rulings, at the request of a member state ’ s courts or tribunals, on the interpretation of European Union law or the validity of acts by European Union institutions.

Arkansas became the epitome of state resistance when the governor, Orval Faubus, directly questioned the authority of the federal court system and the validity of desegregation.

Whereas in his Majesty's province of Massachuset's Bay, in New England, an attempt hath lately been made to throw off the authority of the parliament of Great Britain over the said province, and an actual and avowed resistance, by open force, to the execution of certain acts of parliament, hath been suffered to take place, uncontrouled and unpunished, ...: and whereas, in the present disordered state of the said province, it is of the utmost importance ... to the reestablishment of lawful authority throughout the same, that neither the magistrates acting in support of the laws, nor any of his Majesty's subjects aiding and assisting them therein, or in the suppression of riots and tumults, ... should be discouraged from the proper discharge of their duty, by an apprehension, that in case of their being questioned for any acts done therein, they may be liable to be brought to trial for the same before persons who do not acknowledge the validity of the laws, in the execution thereof, or the of the magistrate in support of whom, such acts had been done: in order therefore to remove every such discouragement from the minds of his Majesty's subjects, and to induce them, upon all proper occasions, to exert themselves in support of the public peace of the province, and of the authority of the King and Parliament of Great Britain over the same ; be it enacted ..., That if any inquisition or indictment shall be found, or if any appeal shall be sued or preferred against any person, for murther, or other capital offense, in the province of the Massachuset's Bay, and it shall appear, by information given upon oath to the governor ... of the said province, that the fact was committed by the person against whom such inquisition or indictment shall be found, or against whom such appeal shall be sued or preferred, as aforesaid, either in the execution of his duty as a magistrate, for the suppression of riots, or in the support of the laws of revenue, or in acting in his duty as an officer of revenue, or in acting under the direction and order of any magistrate, for the suppression of riots, or for the carrying into effect the laws of revenue, or in aiding and assisting in any of the cases aforesaid ; and if it shall also appear, to the satisfaction of the said governor ... that an indifferent trial cannot be had within the said province, in that case, it shall and may be lawful for the governor ..., to direct, with the advice and consent of the council, that the inquisition, indictment, or appeal, shall be tried in some other of his Majesty's colonies, or in Great Britain ; and for that purpose, to order the person against whom such inquisition or indictment shall be found, ... to be sent, under sufficient custody, to the place appointed for his trial, or to admit such person to bail, taking a recognizance ... from such person, with sufficient sureties, ... in such sums of money as the said governor ... shall deem reasonable, for the personal appearance of such person, if the trial shall be appointed to be had in any other colony, before the governor, ... of such colony ; and if the trial shall be appointed to be had in Great Britain, then before his Majesty's court of King's Bench, at a time to be mentioned in such recognizances ; and the governor, ... or court of King's Bench, where the trial is appointed to be had in Great Britain, upon the appearance of such person, according to such recognizance, or in custody, shall either commit such person, or admit him to bail until such trial ....

The purpose set forth at the beginning of this book was first to introduce the reader to a general background knowledge of the various types and capabilities of the forecasting methods already in use, so that he might then be in a position to evaluate for himself the validity of the rather astonishing empirical correlation that is to follow, and to appraise the forecast that its interpretation suggests for the future of farm prices over the years immediately ahead.

While Stradivari's first known violin states that he was a pupil of Amati, the validity of his statement is questioned.

At least two assumptions are necessary for the validity of the standard model: first, that supply and demand are independent ; and second, that supply is " constrained by a fixed resource "; If these conditions do not hold, then the Marshallian model cannot be sustained.

They have been applied on issues ranging from the power of the federal government in foreign affairs ( in Hines v. Davidowitz ) to the validity of ex post facto laws ( in the 1798 decision Calder v. Bull, apparently the first decision to mention The Federalist ).

For the first few years Patriarch Sergius of Constantinople managed to keep him silent, but when Sophronius was appointed Patriarch of Jerusalem in 634, he used his newfound position of authority to challenge the validity of the doctrine of Monoenergism.

The first volume of the Logical Investigations, the Prolegomena to Pure Logic, begins with a devastating critique of psychologism, i. e., the attempt to subsume the a priori validity of the laws of logic under psychology.

West made his London stage debut in February 1989 at the Orange Tree Theatre, playing Michael in Cocteau's Les Parents Terribles, of which critic John Thaxter wrote: " He invests the role with a warmth and validity that silences sniggers that could so easily greet a lesser performance of this difficult role, and he lets us share the tumbling emotions of a juvenile torn between romantic first love and filial duty.

Late in the first millennium, Islamic scholars developed their practice of isnad, or " backing ", which established the validity of sayings of Muhammad in the hadith.

Pyrrhonian skeptic Sextus Empiricus first questioned the validity of inductive reasoning, positing that a universal rule could not be established from an incomplete set of particular instances.

In the first he developed his " epistemic justification " of deliberative democracy, arguing that democratic deliberation provides better reasons to believe in the validity of moral norms than private reflection.

Palm later appealed the original court ruling both on the claim it violated Xerox's patent and as to the validity of the patent in the first place.

It first stated that “ Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity ”.

" In re Baby M " was a custody case that became the first American court ruling on the validity of surrogacy.

The first element, attacking the validity of Aberhart's ideas directly, had failed because much of the Alberta public, in abject poverty, was not interested in hearing economic and legal arguments against social credit, especially when the UFA had no alternative plan.

If the test data are collected first in order to predict criterion data collected at a later point in time, then this is referred to as predictive validity evidence.

On first glance, internal and external validity seem to contradict each other-to get an experimental design you have to control for all interfering variables.

In the beginning of the 20th century, as medicine and health-awareness advanced, the validity of the Springs ' healing powers decreased slightly, but the hotel still flourished, and in 1905, a major renovation of the complex included a monumental double-decked colonnade, which connected the hotel's main dining room to a columned pavilion at the Magnesia Springs across Shober's Run, as well as a new building with a spring-fed indoor pool, reportedly the first such facility in the United States at the time it was built.

O ' Keeffe consistently denied the validity of Freudian interpretations of her art, but fifty years after it had first been interpreted in that way, many prominent feminist artists assessed her work similarly — in essential terms — such as Judy Chicago, who gave O ' Keeffe a prominent place in her The Dinner Party.

He admits only the first three figures, as in the original Aristotelian scheme, and in his later works he also attacks the validity of the third figure, following in this the precedent of Laurentius Valla.

Because VAWA's civil remedy concededly did not regulate the first or second categories, the Morrison court analyzed its validity under the third.

The first laboratory experiment that verified the validity of the FT was carried out in 2002.

: The first great heretic broke drastically with the faith of the early church in abandoning the doctrine of the imminent, personal return of Christ … Marcion did not believe in a real incarnation, and consequently there was no logical place in his system for a real Second Coming … Marcion expected the majority of mankind to be lost … he denied the validity of the Old Testament and its Law … As the first great heretic, Marcion developed and perfected his heterodox system before orthodoxy had fully defined itself … Marcion represents a movement that so radically transformed the Christian doctrine of God and Christ that it can hardly be said to be Christian.

He was the first to assess the validity of this method by using 16 magazine passages that had been tested on actual readers.