Waldorf, MD asked in Constitutional Law for Maryland

Q: How would one go about petitioning federal courts to have one's state's representation suspended or revoked?

For not upholding the constitution? I feel as though my state is not legally eligible for the U.S. Congress as the state does not incorporate or acknowledge amendments 1 - 10.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: You cannot obtain such sweeping relief. Each state is a member of the Union and has representative rights within the federal government under the Constitution. If you personally have suffered a deprivation of an individual right or privilege granted to you under the United States Constitution, then you can sue the state or government official that has acted to deprive you of that right or privilege, seeking redress in the courts, and either seek to overturn as unconstitutional the act or law that has resulted in the deprivation of a protected right, or seek an award of money damages, or both. The remedy will never be to suspend a state's sovereignty and representation within the federal system of government. You cannot just generally allege all rights are violated. You have to provide specific instances, dates, times, governmental actions, demonstrate an actual damage or loss suffered, and prove that the acts are not otherwise permissible under the State's other reserved authority (policing powers, etc.).

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