That decision led to Thomas-Rasset's third trial, but today's constitutionally based decision should end the matter at the District Court level.
For instance, to many researchers there does not seem to be a universal cause of depression: some depressions are due to lost love-objects; some seem to be more constitutionally based.
Today we are asked to decide the constitutionality of several related political patronage practices - whether promotion, transfer, recall and hiring decisions involving low-level public employees may be constitutionally based on party affiliation and support.
This is so because most interests in non-disclosure are not constitutionally based and thus will be of significantly less importance when weighed against a now-constitutional right of access.
The question is whether Republicans will heed his warning against "a dangerous precedent for executive usurpation of Congress's historically and constitutionally based powers."
He noted that the majority did not state outright that the Miranda warning is a constitutional requirement, but merely that it is "constitutionally based."
Breyer also argued that the Court should defer to the executive branch, per the President's constitutionally based authority in matters of foreign relations.
The White House's approach to the constitutionally based principle of Executive Privilege most clearly exposed the non-cooperation.
Unlike in many other states, the Attorney General is given no constitutionally based role in the criminal justice system. . . .
In addition to constitutionally based challenge, states permit a defendant to challenge the admissibility of a confession on the grounds that the confession was obtained in violation of a defendant's statutory rights.