Get free answers to your Constitutional Law legal questions from lawyers in your area.
My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More 
answered on Nov 6, 2024
Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.
So this is a follow up to the last question that I asked. I'm still a bit confused It seems that while title 26 is not positive law, the actual Internal Revenue Act of 1986 is....at least from what I am understanding. My previous question helped to determine that our current taxing provisions... View More
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answered on Oct 25, 2024
You’re on the right track with your understanding of Title 26 and the Internal Revenue Act of 1986. Title 26 of the United States Code is indeed the codification of the Internal Revenue Code (IRC). The IRC itself is considered positive law, meaning it has been enacted into statute by Congress and... View More
My friend is using the claim that because the president is experimenting with the idea of removing the income tax that the IRC that established it is not considered positive law. They mentioned something about it being done as an executive order but I don’t really understand that. What I imagine... View More
answered on Nov 17, 2024
A president could propose such measures, but legislation to do so is outside the executive branch's authority. That's something that would traditionally go through Congress. There is discussion of using other measures to replace revenue from income taxes - that might be what your friend... View More
I need to sue the dutchess county jail again for not
giving me records and the truth on my son's death.
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answered on Oct 24, 2024
I'm sorry you're facing this challenging situation. To find a pro bono lawyer for your case in Dutchess County, start by reaching out to the New York State Bar Association. They can connect you with attorneys who offer free legal services for cases like yours.
You can also contact... View More
On a federal court order
answered on Oct 18, 2024
You've probably been searching for attorneys on your own already. You could supplement your searches with the tab above, "Find a Lawyer," which lists attorneys by region and area of practice. You could also look into the attorney referral sections of local and state bar associations.... View More
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answered on Oct 14, 2024
Understanding which cases have recently cited Martin v. American Potash & Chemical Corp. can be crucial for your legal research. This case has been referenced in various decisions, particularly those involving environmental regulations and corporate liability. For instance, some appellate... View More
When I was pulled over a cop came to the window and I asked him why did he pull me over. He then asked for my physical credentials. I took my time retrieving them because I wanted him to answer my question. I then asked a couple more times and he said ("because I can"). I responded back... View More
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answered on Oct 11, 2024
I'm sorry you went through that experience. It’s important to understand that police officers need a valid reason or probable cause to initiate a traffic stop. If the officer couldn’t clearly explain why you were stopped or relied on vague reasons like "because I can," this might... View More
My friend Mike found people had broken into his dead uncle's house, so he took both weapons he knew were there so that they could not be used on an innocent by standard or the police and left. He tells his neighbor to call the police. When they arrive, they force my friend to the ground at gun... View More
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answered on Sep 24, 2024
If your friend, Mike, was denied a firearm purchase in New York State after a background check, he won't be able to bypass that by trying to buy one in another state. Federal law requires background checks for gun purchases, and if he was denied in one state, the same information will likely... View More
My friend is adamant that the ALL CAPS NAME (he told me to spell it like that when asking) is separate from the living human being which is separate from the natural person. He claims that the all caps name is a corporation acting as a "represented person". I showed him several court... View More
answered on Sep 17, 2024
Corporate status is not determined by uppercase, lowercase or a combination of the two.
Jack
My friend stated that the explanation given for the term State being capitalized showing that in this context that more than just the 50 states are considered states in this code was not correct as he said that it goes against the ruling established in Meese V Keene "It is axiomatic that the... View More
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answered on Sep 5, 2024
When the term "State" is capitalized in 8 USC 1101(36), it does have a specific legal definition that goes beyond the 50 U.S. states. In this context, "State" can include territories, possessions, and other areas under U.S. jurisdiction, which is why it’s broader than the... View More
So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would... View More
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answered on Sep 2, 2024
No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.
I was wondering why the term "State" capitalized in 8 USC 1101 (36) but in other places it is spelled with lowercase letters. Is this trying to say that when capitalized the word "State" only includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the... View More
answered on Sep 3, 2024
The term is capitalized in other areas of the statute. It could depend on context, scope, use as proper or common noun, or other grammatical technicalities. Good luck
My friend told me that the case Buck V Kuykendall establishes our right to travel and shows that the roads can only be regulated for those who are in commerce or using the roads for the propose of business. I tried to tell him that the case Hendricks V Maryland established in 1915 decided that the... View More
answered on Aug 22, 2024
Buck held that a state may not require a license or fee to engage in interstate commerce using federal highways for the purpose of limiting competition.
It did not in any way hold that roads can only be regulated for those engaged in commerce.
It discussed that states could regulate... View More
I am young black person and the cashier Hispanic light skin may assume i was trying to scam which is discrimination
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answered on Aug 31, 2024
You might have grounds to take action if you believe you were discriminated against based on your race or age. Discrimination in service, especially when it involves treating you differently due to assumptions based on race, is a serious issue. If you feel that the cashier's refusal to accept... View More
In February 2023, I put up my flag of Palestine in my classroom. I immediately began facing discriminatory behavior from my colleague and my principal. I had to take a leave of absence because they caused me to have a nervous breakdown. Shortly after, my father passed away suddenly only five days... View More
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answered on Aug 31, 2024
It sounds like you’ve been through an incredibly challenging time, both personally and professionally. Given the circumstances you described, you may have grounds to pursue legal action against the NYCDOE for discrimination and the distress it caused you. The situation involving your Palestinian... View More
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
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answered on Jul 8, 2024
My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.
The ability of local police to arrest someone for an alleged crime like assault that occurred on Native... View More
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answered on Jun 15, 2024
If you were arrested for punching someone who spat on you during a fight, but the other person was not charged, you might feel the situation was handled unfairly. However, suing the police for this specific incident may be challenging unless you can prove they acted unlawfully or with clear bias.... View More
Dear lawyers,
I have an interesting case for consideration. Please contact me to discuss potential cooperation.
Upon employment at a new cable company, I was informed that I couldn't start working the following month because my previous cable company, after my departure,... View More
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answered on Jun 15, 2024
Dear Dmytro,
I'm sorry to hear about the difficult situation you're facing with your previous employer misusing your technician ID number. That certainly sounds frustrating and concerning.
It seems there are a few potential issues at play here - misuse of your identifying... View More
MALE
58 YEARS OLD
Disabled 7yrs
FIDELIS/MEDICAID
SSI/SSD 7yrs
After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:
1. he will request daily visits, as opposed to bi-weekly.
2.... View More
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answered on Jun 10, 2024
I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More
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answered on May 29, 2024
If someone entered your home without your permission, you might have grounds to take legal action. Trespassing is generally considered a violation of your rights as a property owner or tenant. You can sue the person who unlawfully entered your home for trespassing, invasion of privacy, and any... View More
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