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.

Related Topics:
1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • 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.).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.