new mexico constitutional amendment 5

5826 results for new mexico constitutional amendment 5

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  • Section 2: Judicial Power and Jurisdiction

    ...Constitutional restrictions are intertwined with prudential ... the Establishment Clause of the First Amendment operates as a specific limitation upon the ... See also Reuss v. Balles, 584 F.2d 461 (D.C. Cir.), cert. denied , 439 U.S. ...Garfield, 211 U.S. 70 (1908); New Mexico v. Lane, 243 U.S. 52 (1917); Wells v. Roper, 246 ...

  • Section 8: Powers of Congress

    ... income tax violated the constitutional mandate that the compensation of such judges ... that the decision disregarded the Tenth Amendment, placed "the sovereign States on the same plane ...232 (1980); Summit Health, Ltd. v. Pinhas, 500 U.S. 322 (1991). The Court, however, does insist ... apparatus from the waters of the Gulf of Mexico or Straits of Florida was sustained but construed ...

  • Seventh Amendment: Civil Trials

    ... contesting matters of private right of their constitutional right to a trial by jury." The Seventh Amendment test, the Court ...FARRAND, RECORDS OF THE FEDERAL CONVENTION OF 1787, at 587 (rev. ed. 1937). . Id. at 628. . J. STORY, COMMENTARIES ON ...Redman, 295 U.S. 654, 657 (1935); Walker v. New Mexico & So. Pac. R.R., 165 U.S. 593, 596 (1897); Gasoline Products Co. ...

  • Chaidez v. United States, 568 U.S. (2013)

    ... ineffective assistance of counsel underthe Sixth Amendment. While her petition was pending, this Courtheld in Padilla v. ...I. Petitioner Roselva Chaidez hails from Mexico, but became a lawful permanent resident of the United Statesin ...3d 327, 334 (CA5 2008).7 That constitutionalguarantee, another typical decision expounded, "assuresan accused of ...

  • Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (1996)

    ... Congress the power to abrogate the States' Eleventh Amendment immunity and that Ex parte Young, 209 U. S. 123 , does not ...: Was the Act in question passed pursuant to a constitutional provision granting Congress such power? This Court has found ...61. ent applications," Cotton Petroleum Corp. v. New Mexico, 490 U. S. 163 , 192 (1989), and from that they argue that the ...

  • Seminole Tribe of Fla. v. Florida, 517 U.S. 44 (1996)

    ... Congress the power to abrogate the States' Eleventh Amendment immunity and that Ex parte Young, 209 U. S. 123 , does not ...: Was the Act in question passed pursuant to a constitutional provision granting Congress such power? This Court has found ...61. ent applications," Cotton Petroleum Corp. v. New Mexico, 490 U. S. 163 , 192 (1989), and from that they argue that the ...

  • United States v. Stevens, 559 U. S. (2010)

    ..., arguing that §48 is facially invalid under the First Amendment. The District Court denied his motion, and Stevens was convicted. ... “have never been thought to raise any Constitutional problem,” Chaplinsky v. New Hampshire, 315 U. S. 568, 572. ...New Mexico. N. M. Stat. Ann. §30–18–1(I)(1) (Supp. 2009) (“The ...

  • Board of Trustees of Univ. of Ala. v. Garrett, 531 U.S. 356 (2001)

    ... Congress' authority to abrogate the State's Eleventh Amendment immunity. The Eleventh Circuit reversed on the ground that the ... to do so and acts pursuant to a valid grant of constitutional authority. Kimel v. Florida Bd. of Regents, 528 U. S. 62 , ...Madrid of New Mexico, Eliot Spitzer of New York, Heidi Heitkamp of North Dakota, ...

  • Boumediene v. Bush, 553 U.S. (2008)

    ...MCA §7(b) provides that the 2241(e) amendments "shall take effect on the date of the enactment of this Act, and ...Pp. 5-8. . 2. Petitioners have the constitutional privilege of habeas corpus. They are not barred from seeking the ..., conquered by the United States during the war with Mexico, was "undoubtedly . . . subject to the sovereignty and dominion ...

  • Minneci v. Pollard, 565 U.S. (2012)

    ... is whether we can imply the existence ofan Eighth Amendment-based damages action (a Bivensaction) against employees of a ..., existing process forprotecting the [constitutionally recognized] interestamounts to a convincing reason for ...M. 433, 438,631 P. 2d 728, 733 (App. 1981) (New Mexico, same); Multiple Claimants v. North Carolina Dept. of Health ...

  • Rothgery v. Gillespie County, 554 U.S. (2008)

    ... so-called "article 15.17 hearing," at which the Fourth Amendment probable-cause determination was made, bail was set, and Rothgery ... Tucker , 137 N. J. 259, 645 A. 2d 111 (1994); (28) New Mexico: see N. M. Stat. Ann. §31-16-3 (2000); (29) New York: see N. Y. ... Innis : A Need to Reconsider the Constitutional Premises Underlying the Law of Confessions, 17 Am. Crim. L. Rev. ...

  • Roper v. Simmons, 543 U.S. ___ (2005)

    ... Virginia, 536 U. S. 304 , that the Eighth Amendment, applicable to the States through the Fourteenth Amendment, ... due regard for its purpose and function in the constitutional design. To implement this framework this Court has established ... N. J. Stat. Ann. §2C:11-3(g) (West Supp. 2003). . New Mexico. . N. M. Stat. Ann. §31-18-14(A) (West Supp. 2000). . New ...

  • Section 2: Powers and Duties of the President

    ... of its power "to declare war," constitutionally impart to a military situation this character and ... as existing by the act of the Republic of Mexico .' This act not only provided for the future ... largely obliterate the Ninth and Tenth Amendments as well. There are no such implications in ... Nations charter, and the debate over Article 5 of the North Atlantic Treaty of 1949, declaring ...

  • Section 3: Admission of New States to Union; Property of United States

    ..."Equality of constitutional right and power is the condition of all the ... lands on the shore of the Gulf of Mexico in Alabama. The enabling act for Alabama had ...V , 5 JOURNALS OF CONGRESS 752-754 (1823 ed.), ...328 , 331 n. 1 (1986) (First Amendment speech). See also Califano v. Torres, 435 U.S. ...

  • Graham v. Florida, 560 U. S. (2010)

    ...He challenged his sentence under the Eighth Amendment’s Cruel and Unusual Punishments Clause, but the State First ... two alternative approaches to address the relevant constitutional concerns. First, although Florida and other States have made ...2009); §2C:11–3(b)(2) (West Supp. 2009). New Mexico. N. M. Stat. Ann. §31–18–14 (Supp. 2009); ...

  • Fifth Amendment: Rights Of Persons

    ...There is every reason to believe that our constitutional grand jury was intended to operate substantially like its English ... lease had no renewal option, had occupied the land for nearly 50 years and had every expectancy of continued occupancy under a new ...Davidson, 181 U.S. 371 , 384 (1901). . Lovato v. New Mexico, 242 U.S. 199 , 201 (1916). . Public Utility Comm'rs v. ...

  • Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687 (1999)

    ... on whether Del Monte Dunes had a statutory or constitutional right to a jury trial, and, if it did, the nature and extent of ...The Court's interpretation of the Seventh Amendment-which provides that "[i]n Suits at common law, .. the right of ...McLaughlin of New Hampshire, Tom Udall of New Mexico, Dennis C. Vacco of New York, Michael F. Easley of North ...

  • Parents Involved in Community Schools v. Seattle School Dist. No. 1, 551 U.S. (2007)

    ... based solely on their race violates the Fourteenth Amendment's equal protection guarantee. In the Seattle case, the District ... its plan survived strict scrutiny on the federal constitutional claim because it was narrowly tailored to serve a compelling ... of the country and range in size from Las Cruces, New Mexico, with barely over 15,000 students attending 23 schools in 1968, ...

  • Sixth amendment: Rights of Accused in Criminal Prosecutions

    ...Covert , but it is not clear what the constitutional rule is. All of the rights guaranteed in this Amendment are so ... "standard range" under the state's sentencing law was 49 to 53 months, was sentenced to 90 months based on the judge's ...145 (1879). See also Lovato v. New Mexico, 242 U.S. 199 (1916). . Balzac v. Puerto Rico, 258 U.S. 298, ...

  • Zelman v. Simmons-Harris, 536 U.S. 639 (2002)

    ... with the Mueller line of cases, and thus constitutional. It is neutral in all respects toward religion, and is part of ...Daugherty, Jr.; for Gary E. Johnson, Governor of New Mexico, by Jeffrey S. Bucholtz; for Mayor Rudolph W. Giuliani et al. ...The Establishment Clause of the First Amendment, applied to the States through the Fourteenth Amendment, prevents ...

  • Section 10: Powers Denied to the States

    ... that whether the old statute was constitutional or not, "it clearly indicated Florida's view of ... . In 1922, Congress, through an amendment to the Judicial Code, endeavored to extend the ...176 , 183 (1878). . 39 U.S. (14 Pet.) 540 (1840). . United States v. California, 332 U.S. ...275 (1959). . Texas v. New Mexico, 482 U.S. 124 (1987). If the compact makes no ...

  • Furman v. Georgia, 408 U.S. 238 (per curiam) (1972)

    ...69-5003. Argued January 17, 1972 Decided June 29, 1972*. ... in violation of Eighth and Fourteenth Amendments. No. 69-5003, 225 Ga. 253, 167 S. E. 2d 628; No. ... The Court refused to find constitutional dimensions in the argument that those who ... . Footnote 53 New Mexico, New York, North Dakota, Rhode Island, and ...

  • Arizona v. Gant, 556 U. S. (2009)

    ... and Thornton, together with this Court’s other Fourth Amendment decisions, e.g., Michigan v. Long, 463 U. S. 103, and United ... is nevertheless important and deserving of constitutional protection, see Knowles, 525 U. S., at 117. It is particularly ...Vermont, New Jersey, New Mexico, Nevada, Pennsylvania, New York, Oregon, and Wyoming have ...

  • Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001)

    ... that the regulations violate the First and Fourteenth Amendments to the Federal Constitution. In large measure, the District Court ... relating to all three tobacco products are constitutional. Pp. 553-571. (a) Under Central Hudson's four-part test for ..., John Farmer of New Jersey, Patricia Madrid of New Mexico, Eliot Spitzer of New York, Wayne Stenehjem of North Dakota, ...

  • Branzburg v. Hayes, 408 U.S. 665 (1972)

    ...70-57, United States v. Caldwell, on certiorari to the ... The First Amendment does not relieve a newspaper reporter of the ... Amendment does not afford him a constitutional testimonial privilege for an agreement he makes ..., Freedom or Secrecy 87 (1956) ("New Mexico, in 1954, furnished a striking example of ...