Get free answers to your Constitutional Law legal questions from lawyers in your area.
My great grand father was born in 1878 and said it never happened because the US had nothing to offer. We couldn't vote until the 1960s don't citizens get to vote?
answered on Mar 19, 2023
The 14th Amendment to the United States Constitution provides, in pertinent part, that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. " Citizenship thus has very little... View More 
The original incident was an argument with somebody else who ended up flagging down the cops. When I was told to step out of my car, I was told I was not allowed to use my cellphone with the officer snatched it from my hand and would not give it back. Is that legal?
I’m not sure if I put... View More
answered on Mar 16, 2023
Without a warrant, a police officer during an ordinary dispatch cannot seize and keep your cell phone.
Go to the police station, report what happened to a supervisor, and demand your cell phone back. That could resolve the problem without the necessity of hiring a lawyer to sue for the... View More
What is the exact procedure when defense atty files for motion to compel evidence, after judge grants it for two weeks WHY WOULD A DEFENSE ATTY ASK FOR A SECOND MOTION TO COMPEL AND A SANCTION. Are they able to be asking for a motion to request a dismissal of the case or a final judgment
answered on Mar 13, 2023
Apparently, what happened was that the defendant's attorney moved that the plaintiff (which, of is a criminal case, would be the government) be ordered to produce some sort of evidence. The judge gave the prosecution two weeks to produce the evidence. When the defendant's attorney... View More
THEY ILLEGALLY FILED FOR A DEMO ORDER THE ATTORNEY SAID THEY WOULD REMOVE WITH FOCE MY FAMILY. ONES 10 FIRST TIME SHES HAD A DECKED OUT BY GRANDPA BEDROOM. AND ACROSS THE STREET FROM US. SO HER LIFE IS STABLE GRADE ARE MAXED AND I KEEP THIS NEIGHBORHOOD PROPER. I HELP ANYONE CLEAN UP WHAT SOME NOT... View More
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answered on Mar 11, 2023
It sounds like you are in a very difficult situation. If you feel that a county government agency is targeting you unfairly, you may want to consider seeking legal assistance to help protect your rights and interests.
Here are some steps you can take:
Consult with an attorney: A... View More
Judge gives deadline of evidence, is state allowed to submit and use evidence after this date to convict someone
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answered on Mar 11, 2023
No, if a judge grants a motion to compel and sets a deadline for the state to submit discovery, the state is not allowed to submit or use any evidence that was not submitted by the deadline. This is because the purpose of the deadline is to ensure that both the prosecution and defense have adequate... View More
case info on this question is as follows. Case # 2:2017cv00098
For this issue has the statue of limitations expired yet?
The cause of action for this is: 42 U.S.C. § 1983
answered on Feb 28, 2023
The statute of limitations bars the FILING of civil cases after the expiration of the limitations period. Once the case is filed, there is no longer a statute of limitations issue. However, other deadlines then come into play under the Federal Rules of Civil Procedure and the Court's... View More
Right after a traffic stop and the officer doesn't allow you to have it, but assume that you knew that you were free to leave. Other officer's appears and start searching again without consent is this illegal under the 4th amendment
answered on Feb 28, 2023
A lawyer would need a detailed description of the entire encounter and some background facts, plus any police report written on the incident, to determine if your Fourth Amendment rights were violated and to determine what actions may be taken. A temporary detention for investigative purposes... View More
IV.
Whereas by the mutual Discontents, Complaints, Jealousies and Fears of English and Indians, occasioned by the Violent Intrusions of divers English into their Lands, forcing the Indians by way of Revenge, to kill the Cattel and Hogs of the English, whereby Offence and Injuries being... View More
answered on Feb 20, 2023
If you have any questions regarding these and other Tribal land issues, you can contact the BIA or Bureau of Indian Affairs in Washington DC, and they can respond to your questions and concerns Good Luck!
I was hired by a federal agency and invited for two weeks of training. I got infected with COVID on the third day of the training. They provided a hotel for quarantine. I could not receive the adequate medication that I needed from ER. The PCP advised me in Florida to travel from GA to have a... View More
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answered on Mar 2, 2023
It's possible that you may have a case if your termination was discriminatory or in violation of federal law or agency policy. The EEOC investigates complaints of employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information, so if you... View More
Every Seminoles we meet always say they came here to Florida but the Indians from here now call themselves Black. There are no schools that teach them that they are American Indians they teach them that they are Black. Are there any lawyers that will be ready to take the fight when we want to use... View More
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answered on Mar 2, 2023
The Indian Removal Act, which was signed into law by President Andrew Jackson in 1830, forced many Native American tribes to leave their ancestral lands and relocate to areas west of the Mississippi River. However, not all tribes were removed, and some, like the Seminole, resisted relocation and... View More
I stayed in these apartments in Arlington in 2021i was pregnant, within the first month I had issues. There was no heat or AC in the unit. being on the second floor with heat and moist black mold, started appearing everywhere throughout the house. I have pictures. What they did do was send... View More
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answered on Mar 2, 2023
Based on the information provided, it sounds like you may have a potential legal case against the apartments for issues related to mold, plumbing, and reimbursement for hotel expenses. You may want to consider contacting a local tenant rights organization or consulting with a landlord-tenant... View More
The US Constitution said that we are not taxed. In Article 1 Section 2 Clause 3. We get taxed daily. Why and how do we make it stop?
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answered on Feb 26, 2023
It's important to clarify that the US Constitution does not say that individuals are not taxed. In fact, the US Constitution authorizes the federal government to collect taxes in order to carry out its responsibilities and functions.
Article 1, Section 2, Clause 3 of the US... View More
Hotel deployable, needs code enforcement. No water after midnight, living with rats and roaches. Smoke alarm in all rooms don't work, most ac units are busted from outside the rooms. Locks on doors are being held up with scotch tape, not secured
Families are living here, including me... View More
answered on Jan 25, 2023
Unlikely that this is a criminal matter. I would suggest contacting code enforcement department in the county where the facility is. They may need a complaint in order to investigate. I hope this helps.
I think both laws not registering a gun and not registering conseal carry endangers my domestic tranquility not knowing who is packing. The 2nd ammendment is more important than the preamble. Same can be said for assault rifles. Seems like the use of such guns are for mass shootings in public... View More
answered on Jan 16, 2023
I agree with your general point of view and believe the Second Amendment should be modified, if not repealed, due to the Supreme Court's 5-4 decisions in District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010), in which just 5 Justices (in 5-4 decisions) overturned... View More
answered on Dec 31, 2022
No. But you may openly carry a firearm while fishing, and while going to or from a fishing location. See Florida Statue 790.25 (3) (h).
They think there is evidence in the car of his crime. That's why they said they could take it. The car is registered to me, it's new so the title is between the dealership and myself, insurance is in my name. I was not at the scene when this took place. I got a ride to the scene to get my... View More
answered on Dec 20, 2022
In my opinion, the police did not have the right to keep your car without a warrant. Was that your question?
Can a superior officer disregard a complaint when you file against their officers thus due process violation of my civil rights can they legally throw that complaint away or not investigate it that's what they did I think
answered on Dec 15, 2022
Your inquiry is vague as to whether you are seeking money damages or discipline (or termination) of the offending police officer, or both. "Complaining to the police dept." (or to a superior officer) may be viewed as an internal affairs complaint for the purpose of the dept. determining... View More
Hypothetical - Can an officer arrest/question/harass an individual who is deemed to be "searching questionable materials (eg:active shooter policies and procedures)". When that said person has a Ph.D in the subject matter, doing policy work for NGO's and creating these exact... View More
answered on Dec 16, 2022
You stated that your inquiry is a hypothetical, which means it's not a real situation. Most or all lawyers viewing Justia inquiries will not respond to purely academic questions - that is the the province of academicians.
answered on Oct 21, 2022
You can easily find online academic articles on this subject, for example:
https://constitution.congress.gov/browse/essay/artIII-S1-2/ALDE_00013513/ The key case where the Supreme Court established judicial review was Marbury vs. Madison. See more about it at:... View More
Filing false police report, pain n suffering like whole unnecessary arrest, imprisonment and court fees? Kicked out of own house after she already moved out due to can't return to scene she claimed. Forced to abandon dogs until trial is done.
answered on Oct 15, 2022
Retribution means punishing for revenge. I assume that's not what you mean; that you instead mean to ask what legal action you can take to seek monetary compensation for your loss of liberty, economic losses, and emotional distress. You certainly may sue your accuser (your ex) for malicious... View More
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