Topic: the party challenging the constitutionality of legislation … · Go Syfert
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Topic #27492

5 canonical passages across 4 cases, quoted by 14 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Michigan Soft Drink Ass'n v. Department of Treasury.

#Case FlagCanonical passage Citers
1 Michigan Soft Drink Ass'n v. Department of Treasury Anchor
michctapp · 1994
green “the party challenging the constitutionality of legislation bears the burden of proof.” 4
2 McCarthy v. City of Cleveland
ca6 · 2010
green “have done so only where a specific private property interest is retroactively affected.” 3
3 McCarthy v. City of Cleveland
ca6 · 2010
green “that the takings clause 'is not an appropriate vehicle to challenge the power of a legislature to impose a mere monetary obligation without regard to an identifiable property interest,” 3
4 Commonwealth Edison Company v. United States
cafc · 2001
green “while a taking may occur when a specific fund of money is involved, the mere imposition of an obligation to pay money, as here, does not give rise to a claim under the takings clause of the fifth amendment.” 3
5 Studier v. Michigan Public School Employees' Retirement Board
mich · 2005
green “a fundamental principle of the jurisprudence of both the united states and this state is that one legislature cannot bind the power of a successive legislature.” 1

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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