The distinction between germaneness
and nongermaneness is particularly vivid in the abortion-funding cases Maher v.
In Flint, the Supreme Court created and explained the germaneness
requirement for Senate amendments, which Article I, [section] 7 allows.
Although the Court's rationale makes mention of a germaneness
requirement, the Court did not explain how a corporate tax could, in fact, be germane to an inheritance tax.
293) Instead the Court would have been better served to apply either the germaneness
test as applied by the district court or the "modified" Central Hudson analysis of the Eighth Circuit Court of Appeals.
Applying this germaneness
requirement approach to RLUIPA brings the validity of the act's current conditions into question because they do not specify how the federal funds are to be spent.
Briffault believes the advantage of this approach is that it allows governors to undo logrolling deals and limits questionable decision making by the courts about riders and germaneness
Thomas: On germaneness
of debate, if the Senate is proceeding under cloture, debate must be germane.
But it notes the decision on germaneness
rests with the Assembly.
One may quarrel with the author's conclusions, but one cannot ignore the power of his intellect, his vivid re-interpretation of evidence uncovered by his research, nor the germaneness
of his analysis.
Thus, one's selection of instructional materials lost protection if the claim of germaneness
was "clearly unreasonable.
But, most of all, the connection of Western philosophy, not always in a positive or straightforward way, with science and technology, has given that tradition of philosophy a certain, not altogether illusory, germaneness
to the conditions of modern existence; and this has exercised a great deal of influence on the thinking of non-Western peoples engaged in the search for modernization.
Features that ranked lower were integration with other applications, germaneness
to government, upload capability, written documentation, and reporting capabilities.