clear constitutional violation in Pennsylvania

21 Pennsylvania opinions name it 4 courts 1970–2025 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

Case	Followed	Cited
Consumer Party of Pennsylvania v. Com.green pa · 1986 · cited in 17 Pennsylvania opinions naming this issue, 1994–2017 2 sentences 2015Furthermore, Appellees highlight the understanding, on the part of this Court, that “it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.” Consumer Party of Pa. v. Commonwealth, 510 Pa. 158, 178 , 507 A.2d 323, 333 (1986). 2015Furthermore, Appellees highlight the understanding, on the part of this Court, that “it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.” Consumer Party of Pa. v. Commonwealth, 510 Pa. 158, 178 , 507 A.2d 323, 333 (1986).	7	17
Jubelirer v. Singelgreen pacommwct · 1994 · cited in 2 Pennsylvania opinions naming this issue, 2013–2017 2 sentences 2017Robinson Twp., 83 A.3d at 927-29 (citations modified; footnote omitted); see HHAP, 77 A.3d at 596 -98 (quoting Jubelirer v. Singel, 162 Pa.Cmwlth. 55 , 638 A.2d 352, 358 (1994)) (“[Where petitioners allege various constitutional violations] we will not abdicate our responsibility to ‘[eft-sure that government functions within the bounds of constitutional prescription ... under the guise of deference to a co-equal branch of government. ... [I]t would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.’ ”). 2017Robinson Twp., 83 A.3d at 927-29 (citations modified; footnote omitted); see HHAP, 77 A.3d at 596 -98 (quoting Jubelirer v. Singel, 162 Pa.Cmwlth. 55 , 638 A.2d 352, 358 (1994)) (“[Where petitioners allege various constitutional violations] we will not abdicate our responsibility to ‘[eft-sure that government functions within the bounds of constitutional prescription ... under the guise of deference to a co-equal branch of government. ... [I]t would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.’ ”).	2	2
Common Cause of Pennsylvania v. Commonwealthgreen pacommwct · 1995 · cited in 6 Pennsylvania opinions naming this issue, 1996–2000 2 sentences 2000As the Harrisburg School District, however, points out, this Court, in Common Cause of Pennsylvania v. Commonwealth, 668 A.2d 190, 195 (Pa.Cmwlth.1995), aff'd per curiam, 544 Pa. 512 , 677 A.2d 1206 (1996), held that, "[wjhile it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.” Additionally, in Consumer Party of Pennsylvania v. Commonwealth, 510 Pa. 158 , 507 A.2d 323 (1986), our Supreme Court concluded th 1998Our Supreme Court has stated that “while it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.” Id. at 178 , 507 A.2d at 333 ; Common Came, 668 A.2d at 195 .	1	6
Hospital & Healthsystem Ass'n v. Commonwealthgreen pa · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017 2 sentences 2017Robinson Twp., 83 A.3d at 927-29 (citations modified; footnote omitted); see HHAP, 77 A.3d at 596 -98 (quoting Jubelirer v. Singel, 162 Pa.Cmwlth. 55 , 638 A.2d 352, 358 (1994)) (“[Where petitioners allege various constitutional violations] we will not abdicate our responsibility to ‘[eft-sure that government functions within the bounds of constitutional prescription ... under the guise of deference to a co-equal branch of government. ... [I]t would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.’ ”). 2017Robinson Twp., 83 A.3d at 927-29 (citations modified; footnote omitted); see HHAP, 77 A.3d at 596 -98 (quoting Jubelirer v. Singel, 638 A.2d 352, 358 (Pa. Cmwlth. 1994)) (“[Where petitioners allege various constitutional violations] we will not abdicate our responsibility to ‘[e]nsure that government functions within the bounds of constitutional prescription . . . under the guise of deference to a co-equal branch of government. . . . [I]t would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.’”).	1	1
Robinson Township v. Commonwealthgreen pa · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017 2 sentences 2017Robinson Twp., 83 A.3d at 927-29 (citations modified; footnote omitted); see HHAP, 77 A.3d at 596 -98 (quoting Jubelirer v. Singel, 162 Pa.Cmwlth. 55 , 638 A.2d 352, 358 (1994)) (“[Where petitioners allege various constitutional violations] we will not abdicate our responsibility to ‘[eft-sure that government functions within the bounds of constitutional prescription ... under the guise of deference to a co-equal branch of government. ... [I]t would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.’ ”). 2017Robinson Twp., 83 A.3d at 927-29 (citations modified; footnote omitted); see HHAP, 77 A.3d at 596 -98 (quoting Jubelirer v. Singel, 638 A.2d 352, 358 (Pa. Cmwlth. 1994)) (“[Where petitioners allege various constitutional violations] we will not abdicate our responsibility to ‘[e]nsure that government functions within the bounds of constitutional prescription . . . under the guise of deference to a co-equal branch of government. . . . [I]t would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.’”).	1	1
Alco Parking Corp. v. Pittsburghgreen pa · 1973 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007 2 sentences 2007Pennsylvania’s Supreme Court invalidated the tax deeming it unreasonably high and concluding that, inasmuch as the private operators faced price competition from the publicly subsidized parking authority lots, “where such an unfair competitive advantage accrues, generated by the use of public funds, to a local government at the expense of private property owners, without just compensation, a clear constitutional violation has occurred.” Alco Parking Corp. v. City of Pittsburgh, 453 Pa. 245, 267 , 307 A.2d 851, 863 (1973), rev’d, 417 U.S. 369 , 94 S.Ct. 2291 , 41 L.Ed.2d 132 (1974). 2007Pennsylvania’s Supreme Court invalidated the tax deeming it unreasonably high and concluding that, inasmuch as the private operators faced price competition from the publicly subsidized parking authority lots, “where such an unfair competitive advantage accrues, generated by the use of public funds, to a local government at the expense of private property owners, without just compensation, a clear constitutional violation has occurred.” Alco Parking Corp. v. City of Pittsburgh, 453 Pa. 245, 267 , 307 A.2d 851, 863 (1973), rev’d, 417 U.S. 369 , 94 S.Ct. 2291 , 41 L.Ed.2d 132 (1974).	1	1
Common Cause/Pennsylvania v. Commonwealthgreen pacommwct · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002 2 sentences 2002The presumption in favor of regularity is essential to the peace and order of the state.” Common Cause/Pennsylvania v. Commonwealth, 710 A.2d 108, 116-17 (Pa. Commw. 1998), affirmed, 563 Pa. 108 , 757 A.2d 917 (2000). (citation omitted) However, the Supreme Court went on to say in Consumer Party of Pennsylvania v. Commonwealth, 510 Pa. 158, 178 , 507 A.2d 323, 333 (1986), that, “While it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a cl 2002The presumption in favor of regularity is essential to the peace and order of the state.” Common Cause/Pennsylvania v. Commonwealth, 710 A.2d 108, 116-17 (Pa. Commw. 1998), affirmed, 563 Pa. 108 , 757 A.2d 917 (2000). (citation omitted) However, the Supreme Court went on to say in Consumer Party of Pennsylvania v. Commonwealth, 510 Pa. 158, 178 , 507 A.2d 323, 333 (1986), that, “While it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a cl	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Com. v. Lawrence, D. green pasuperct · 2024 1 sentence 2025I as a defendant have the right to cross[-]examine my witness.” Id. (capitalization modified).	1	2025–2025
Zemprelli v. Daniels green pa · 1981 2 sentences 2017While this Court has commented that the presence of any one Baker criterion will render the question non-justiciable, Zemprelli, 436 A.2d at 1169 , we have been circumspect in our application of the political question doctrine — arguably more so recently. 2017While this Court has commented that the presence of any one Baker criterion will render the question non-justiciable, Zemprelli, 436 A.2d at 1169 , we have been circumspect in our application of the political question doctrine—arguably more so recently.	1	2017–2017
City of Pittsburgh v. Alco Parking Corp. green scotus · 1974 2 sentences 2007Pennsylvania’s Supreme Court invalidated the tax deeming it unreasonably high and concluding that, inasmuch as the private operators faced price competition from the publicly subsidized parking authority lots, “where such an unfair competitive advantage accrues, generated by the use of public funds, to a local government at the expense of private property owners, without just compensation, a clear constitutional violation has occurred.” Alco Parking Corp. v. City of Pittsburgh, 453 Pa. 245, 267 , 307 A.2d 851, 863 (1973), rev’d, 417 U.S. 369 , 94 S.Ct. 2291 , 41 L.Ed.2d 132 (1974). 2007Pennsylvania’s Supreme Court invalidated the tax deeming it unreasonably high and concluding that, inasmuch as the private operators faced price competition from the publicly subsidized parking authority lots, “where such an unfair competitive advantage accrues, generated by the use of public funds, to a local government at the expense of private property owners, without just compensation, a clear constitutional violation has occurred.” Alco Parking Corp. v. City of Pittsburgh, 453 Pa. 245, 267 , 307 A.2d 851, 863 (1973), rev’d, 417 U.S. 369 , 94 S.Ct. 2291 , 41 L.Ed.2d 132 (1974).	1	2007–2007
Pennsylvania AFL-CIO v. Commonwealth green pa · 2000 2 sentences 2002The presumption in favor of regularity is essential to the peace and order of the state.” Common Cause/Pennsylvania v. Commonwealth, 710 A.2d 108, 116-17 (Pa. Commw. 1998), affirmed, 563 Pa. 108 , 757 A.2d 917 (2000). (citation omitted) However, the Supreme Court went on to say in Consumer Party of Pennsylvania v. Commonwealth, 510 Pa. 158, 178 , 507 A.2d 323, 333 (1986), that, “While it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a cl 2002The presumption in favor of regularity is essential to the peace and order of the state.” Common Cause/Pennsylvania v. Commonwealth, 710 A.2d 108, 116-17 (Pa. Commw. 1998), affirmed, 563 Pa. 108 , 757 A.2d 917 (2000). (citation omitted) However, the Supreme Court went on to say in Consumer Party of Pennsylvania v. Commonwealth, 510 Pa. 158, 178 , 507 A.2d 323, 333 (1986), that, “While it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a cl	1	2002–2002
Common Cause of Pennsylvania v. Com. green pa · 1996 2 sentences 2000As the Harrisburg School District, however, points out, this Court, in Common Cause of Pennsylvania v. Commonwealth, 668 A.2d 190, 195 (Pa.Cmwlth.1995), aff'd per curiam, 544 Pa. 512 , 677 A.2d 1206 (1996), held that, "[wjhile it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.” Additionally, in Consumer Party of Pennsylvania v. Commonwealth, 510 Pa. 158 , 507 A.2d 323 (1986), our Supreme Court concluded th 2000As the Harrisburg School District, however, points out, this Court, in Common Cause of Pennsylvania v. Commonwealth, 668 A.2d 190, 195 (Pa.Cmwlth.1995), aff'd per curiam, 544 Pa. 512 , 677 A.2d 1206 (1996), held that, "[wjhile it is appropriate to give due deference to a co-equal branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.” Additionally, in Consumer Party of Pennsylvania v. Commonwealth, 510 Pa. 158 , 507 A.2d 323 (1986), our Supreme Court concluded th	1	2000–2000
Vagle v. Pickands Mather & Co. green scotus · 1980 2 sentences 1995In my opinion, the standard implicitly created by Commonwealth v. DeJohn, 486 Pa. 32 , 403 A.2d 1283 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) and Edmunds encourages us to deviate from the reasoning of the United States Supreme Court when there are important and substantial reasons for doing so. 1995In my opinion, the standard implicitly created by Commonwealth v. DeJohn, 486 Pa. 32 , 403 A.2d 1283 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) and Edmunds encourages us to deviate from the reasoning of the United States Supreme Court when there are important and substantial reasons for doing so.	1	1995–1995
State Farm Fire & Casualty Co. v. Hime green scotus · 1980 2 sentences 1995In my opinion, the standard implicitly created by Commonwealth v. DeJohn, 486 Pa. 32 , 403 A.2d 1283 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) and Edmunds encourages us to deviate from the reasoning of the United States Supreme Court when there are important and substantial reasons for doing so. 1995In my opinion, the standard implicitly created by Commonwealth v. DeJohn, 486 Pa. 32 , 403 A.2d 1283 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) and Edmunds encourages us to deviate from the reasoning of the United States Supreme Court when there are important and substantial reasons for doing so.	1	1995–1995
Natural Resources Defense Council, Inc. v. Long Island Lighting Co. green scotus · 1980 2 sentences 1995In my opinion, the standard implicitly created by Commonwealth v. DeJohn, 486 Pa. 32 , 403 A.2d 1283 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) and Edmunds encourages us to deviate from the reasoning of the United States Supreme Court when there are important and substantial reasons for doing so. 1995In my opinion, the standard implicitly created by Commonwealth v. DeJohn, 486 Pa. 32 , 403 A.2d 1283 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) and Edmunds encourages us to deviate from the reasoning of the United States Supreme Court when there are important and substantial reasons for doing so.	1	1995–1995
Commonwealth v. DeJohn green pa · 1979 2 sentences 1995In my opinion, the standard implicitly created by Commonwealth v. DeJohn, 486 Pa. 32 , 403 A.2d 1283 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) and Edmunds encourages us to deviate from the reasoning of the United States Supreme Court when there are important and substantial reasons for doing so. 1995In my opinion, the standard implicitly created by Commonwealth v. DeJohn, 486 Pa. 32 , 403 A.2d 1283 (1979), cert. denied, 444 U.S. 1032 , 100 S.Ct. 704 , 62 L.Ed.2d 668 (1980) and Edmunds encourages us to deviate from the reasoning of the United States Supreme Court when there are important and substantial reasons for doing so.	1	1995–1995
Butcher v. Bloom green pa · 1964 2 sentences 1970In the sensitive area of the electoral process we should recognize, as the United States Supreme Court did in Baker v. Carr, 369 U.S. 186 , 82 S. Ct. 691 (1962), and as our Court did in our own reapportionment case, Butcher v. Bloom, 415 Pa. 438 , 203 A. 2d 556 (1964), that what is justiciable and what is political is a mere fiction not to be applied unless justice so dictates. 1970In the sensitive area of the electoral process we should recognize, as the United States Supreme Court did in Baker v. Carr, 369 U.S. 186 , 82 S. Ct. 691 (1962), and as our Court did in our own reapportionment case, Butcher v. Bloom, 415 Pa. 438 , 203 A. 2d 556 (1964), that what is justiciable and what is political is a mere fiction not to be applied unless justice so dictates.	1	1970–1970
Baker v. Carr green scotus · 1962 2 sentences 1970In the sensitive area of the electoral process we should recognize, as the United States Supreme Court did in Baker v. Carr, 369 U.S. 186 , 82 S. Ct. 691 (1962), and as our Court did in our own reapportionment case, Butcher v. Bloom, 415 Pa. 438 , 203 A. 2d 556 (1964), that what is justiciable and what is political is a mere fiction not to be applied unless justice so dictates. 1970In the sensitive area of the electoral process we should recognize, as the United States Supreme Court did in Baker v. Carr, 369 U.S. 186 , 82 S. Ct. 691 (1962), and as our Court did in our own reapportionment case, Butcher v. Bloom, 415 Pa. 438 , 203 A. 2d 556 (1964), that what is justiciable and what is political is a mere fiction not to be applied unless justice so dictates.	1	1970–1970

Where else courts name it

IL 58 (1980–2026) CT 28 (1983–2024) PA 21 (1970–2025) NY 15 (1997–2019) ID 10 (2013–2023) OH 5 (1964–2021) IN 4 (1976–2015) NJ 3 (1972–1993) FL 3 (1984–1986) WA 3 (1986–2014) NH 3 (2005–2020) MS 3 (2000–2021) AL 2 (2005–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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