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Simple English definitions for legal terms

constitutional avoidance

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A quick definition of constitutional avoidance:

Constitutional avoidance is when the Supreme Court tries to avoid making decisions about the Constitution if they can. Instead, they try to solve cases using other laws. This means that if there are two ways to understand a law, and one way is clearly okay with the Constitution, while the other way might not be, the Supreme Court will choose the way that is okay with the Constitution. This is to avoid having to make hard decisions about the Constitution. For example, in one case, the Supreme Court said that a law that said people had to have a jury trial for breaking a court order only applied to criminal cases, not civil cases. This was because having a jury trial for civil cases might not be okay with the Constitution.

A more thorough explanation:

Constitutional avoidance is a legal principle that suggests that the Supreme Court should avoid ruling on constitutional issues if possible. Instead, they should try to resolve cases based on other grounds, such as statutory interpretation.

For example, if the Supreme Court is faced with two possible interpretations of a law, one of which is clearly constitutional and the other of which is questionable, the court will choose the interpretation that is constitutional to avoid having to make a difficult constitutional decision.

One example of constitutional avoidance is the case of Michaelson et al v. United States ex rel. Chicago. In this case, the court interpreted the Clayton Act's requirement of a jury trial for contempt of court charges to apply only to criminal contempt charges. This was because legislation mandating jury trials for civil contempt of court raises constitutional questions.

Another example of constitutional avoidance is the case of National Federation of Independent Business v. Sebelius. In this case, the Supreme Court upheld the Affordable Care Act's individual mandate as a tax, rather than as a regulation of interstate commerce. This allowed the court to avoid ruling on the constitutionality of the individual mandate under the Commerce Clause.

These examples illustrate how the Supreme Court uses constitutional avoidance to avoid making difficult constitutional decisions. Instead, they try to resolve cases based on other grounds, such as statutory interpretation or tax law.

constitutional amendment | constitutional clauses

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m10
20:35
Ahh any work is good work to admissions usually.
babycat
20:36
yeah I thought she meant like a year before she applied. if you already applied it doesn’t matter all that much
m10
20:36
Personally, I have only helped launch two coins but my friends want to launch a third. Bigegst project is probably disco solaris: https://www.jpg.store/collection/moebiuspioneersdressed
ohh yeah i mean right now cuz im still waiting and i dont like being unemployed but i dont know if theyd be like she works at aerie not a finance firm ew
m10
20:37
And then, the sexy naked ones hehehehe: https://www.jpg.store/collection/moebiuspioneersnakeddiscos
babycat
20:37
@m10: I don’t like that they’re all tied to pictures of people
i also think getting a job faster will help with going crazy over admissions even if its not as "fancy"
m10
20:38
All of what? That's like the only NFT project I worked on that was moderately good @babycat
@m10: thats so cool
JumpySubsequentDolphin
20:41
hi SPLITTY I think you should get a job at aerie for the discount
babycat
20:41
what if I just want to purchase the value without owning a lady with x tape on her boobies?
m10
20:42
Get the ones that are dressed up then!
@JumpySubsequentDolphin: LITERALLY I also just applied to work at garage cuz 50% EMPLOYEE DISCOUNT
m10
20:43
Or legacy collection v1
JumpySubsequentDolphin
20:43
@SplitterusClitterus: GARAGE JEANS FIT ME SO WEIRDLY WHICH SUCKS BC THEYRE SO CUTE
m10
20:43
The cool thing about V2 was it was an infinitely generating collection so they would have never sold out but they ended it early cus of the bear market.
@JumpySubsequentDolphin: NAURRR i need to try them on to see. ive never owned anything from them exceot maybe a tank in middle school?? but ive been a longtime lurker/windowshopper/fan
JumpySubsequentDolphin
20:45
SPLITTY if their jeans fit on my thighs they’re too big on my waist!!! it’s so frustrating
NOOO THEIR WHITE GIRL JEANS actually idk why im surprised
THEYRE**** THAT WAS AUTOCORREXT I SWEAR
babycat
20:46
@m10: infinitely generating means it comes up with new pictures? or new copies of the same pictures?
JumpySubsequentDolphin
20:46
if you’re the slightest bit curvy they are so obnoxious. me and my Abercrombie curve love’s are good together
SHUT UP I LOVE ABERCROMBIE JEANS
m10
20:47
Did y'all see this from ararara last night? https://studicata.com/case-briefs/all/
THOSE FIT SOO GOOD. i desperately need new jeans tho i ahvent gone shopping in millennia so a discount would come in clutch
JumpySubsequentDolphin
20:48
I got these jeans from re/done on a crazy sale and I love them BYT RHEY HAVE FIVE BUTTONS
JumpySubsequentDolphin
20:48
I DIDNT REALIZE WHEJ I BOUGHT THEM BC THEYRE HIDDEN. LIKE INSTEAD OF A ZIPPER THEYREBALL BUTTONS
JumpySubsequentDolphin
20:48
what if I have to pee.
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