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District of Columbia Constitutional Law Questions & Answers
2 Answers | Asked in Constitutional Law and Land Use & Zoning for District of Columbia on
Q: If the amount of homeless exceeds the amount of room in shelters how can homelessness be a crime?

And why is the supreme court taking on this issue? Especially considering its more of a local matter. Are they trying to impose a federal policy? If so how can it be a one size fits all.

James L. Arrasmith
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answered on May 1, 2024

When there are more homeless individuals than available shelter spaces, it raises questions about the fairness and legality of criminalizing homelessness. This issue often centers on the fundamental rights of individuals versus public policy and safety concerns. The laws vary by location, but in... View More

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Q: Can the federal government ever have the power to put age restrictions on candidates? Without enacting a new amendment!

Is it constitutional to put age restrictions on candidates and can it work at the federal level through supreme court or legislative branch? Obviously this means as of today and not in the future if we enact a new amendment restricting age which is unlikely but just want to point that out.

James L. Arrasmith
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answered on Mar 17, 2024

The U.S. Constitution clearly outlines the age requirements for candidates running for federal offices: Representatives must be at least 25 years old, Senators at least 30, and Presidents at least 35. These age limits are established by the Constitution itself, and any change to these requirements... View More

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1 Answer | Asked in Constitutional Law for District of Columbia on
Q: If Greg Abbott ignores the supreme courts law about the razor wire is this a sign of a coup or uprising?

I know its a slippery slope but what happens if other people do what he does and simply just ignore what the supreme court says? Is their any legitimacy to the law of the land?

James L. Arrasmith
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answered on Feb 22, 2024

Selective defiance of courts in limited instances, while very troubling, does not automatically equate to a coup or uprising attempt. It would depend on systematic efforts to concentrate power, the reaction of other governmental bodies, and how widespread anti-democratic activities became. At this... View More

Q: Attorney General for Maryland submitted Application for Expungement of Wrongful Conviction Records without my knowledge

Administrative Judge issued Order for Expungement, Certificate of Compliance from Public Safety attested Order Complied with but same Wrongful Conviction Records is showing on background Check for over 30 years. Attorney General Who filed for Expungement Represents Maryland’s Public Safety Agency... View More

James L. Arrasmith
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answered on Jan 10, 2024

In your situation, if there is a court order for expungement that hasn't been complied with, you may indeed have a legal claim against the responsible parties for non-compliance. This can be particularly relevant if the wrongful conviction records are still affecting your life, such as... View More

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Is it that irrational to ban Trump from the ballot due to January 6th? The 14th amendment is ambiguous!

The 14th amendment is ambiguous with regards to “ shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.“ Since Trump isn’t in office the courts can... View More

James L. Arrasmith
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answered on Jan 9, 2024

The question of whether it's rational to ban a former president from the ballot due to involvement in an event like January 6th hinges on the interpretation of the 14th Amendment, specifically the clause related to insurrection or rebellion. The ambiguity you've noted in the... View More

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Can the federal government withold money to colleges who allow pro palestinian protests.

Nikki Haley spoke about not giving money to colleges who refused to “crackdown” on protests deemed anti semetic.

James L. Arrasmith
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answered on Dec 27, 2023

The federal government's ability to withhold funding from colleges based on the content of protests or speech activities raises significant First Amendment concerns. The First Amendment of the U.S. Constitution protects freedom of speech, which includes the right to engage in peaceful protests... View More

1 Answer | Asked in Civil Rights and Constitutional Law for District of Columbia on
Q: [US] Discriminatory federal Medicaid rules won’t allow me to own assets bc of my disability but allow people without dis

I have Medicaid on the basis of my disability in Ohio and am subject to a $2,000 asset limit. Under the Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, people without disabilities were placed in a separate group (MAGI) with no asset limit, while people with... View More

James L. Arrasmith
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answered on Oct 18, 2024

I'm sorry you're facing this challenge with Medicaid's asset limits. While there hasn't been a widely recognized case specifically addressing the discriminatory asset limits for individuals with disabilities, your concerns about fairness and equality are valid.

You might...
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1 Answer | Asked in Civil Rights and Constitutional Law for District of Columbia on
Q: I am a targeted individual and my human rights are being violated on a major level

I am pretty much living in a public place out of fear. I am being mentally tortured everyday by threats and degrading comments. Threats of violence, murder, kidnapped and tortured. I need help with this please. I am not sure what to do

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you’re going through an incredibly difficult time, and it's important to take your feelings seriously. Finding a safe space is crucial. If you’re feeling threatened, consider reaching out to local authorities or law enforcement. They can help assess your situation and... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for District of Columbia on
Q: Does the January 6th attacks count as obstruction of congress?

The attacks delayed them certifying the election due to the fact people stormed through the building. Would that be enough to be considered obstruction? Keep in mind they stole a laptop in an office of the speaker and papers when they were in the chamber.

James L. Arrasmith
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answered on May 1, 2024

The January 6th attacks did indeed disrupt Congress's session to certify the 2020 Presidential election results, which raises the question of whether these actions could be classified as obstruction of Congress. The legal definition of obstruction of Congress generally involves acts that... View More

1 Answer | Asked in Constitutional Law and Municipal Law for District of Columbia on
Q: Snyder vs Us, the recent supreme court case. Can someone give me a summary of what exactly happened in Portage, Indiana?
James L. Arrasmith
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answered on May 1, 2024

The Supreme Court case you're asking about, Snyder vs. United States, centers on James Snyder, the former mayor of Portage, Indiana. Snyder was found guilty of federal funds bribery and obstruction. His legal troubles began with accusations of manipulating a bidding process for city garbage... View More

2 Answers | Asked in Constitutional Law and Gov & Administrative Law for District of Columbia on
Q: Is their anyway supreme court justices could be held by stricter standards without them (supreme court) deciding it?

Is their a way the supreme court could be held too stricter standards without them getting involved in the process?

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2024

The means that come to mind (congressional and others) would be without them involved in the process; otherwise it would effectively be self-regulation. Good luck

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Q: When Justice Alito stated “ roe was egregious from the start” in his opinion in Hobbs can that be seen as premeditated?

Can him writing that infer a premeditated opinion that calls for ethical questions of why he didn’t recuse himself from the case. Making it clear you never agreed with Roe v Wade and call it “egregious”. Also he voted to hear the 3rd case with new justices despite the stare decises and no new... View More

James L. Arrasmith
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answered on Apr 16, 2024

You raise an interesting question about whether Justice Alito's statement in the Dobbs opinion could be seen as evidence of a premeditated intention to overturn Roe v. Wade. A few key points to consider:

From a legal ethics perspective, prior disagreement with a precedent is not in...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Election Law for District of Columbia on
Q: Why does Georgia not allow people to give water who are waiting in line voting? What is their reasoning?

In my opinion I think its an excuse to make voters feel uncomfortable and not vote. But what do they think the reasoning is? And whatever the reasoning is can it really be valid? I understand states have a right to set election laws but anyone can see through this as a way to punish people for... View More

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answered on Apr 13, 2024

In 2021, Georgia passed a controversial election law known as SB 202 which, among other provisions, made it a misdemeanor to give food or water to voters waiting in line. The stated reasoning by supporters of the law was to prevent electioneering or attempts to influence voters in line.... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for District of Columbia on
Q: Can the District of Columbia be a state? Is it constitutional? Or are their to many ambiguities to determine?
James L. Arrasmith
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answered on Mar 17, 2024

The question of whether the District of Columbia can become a state involves complex considerations under the U.S. Constitution. The Constitution grants Congress exclusive jurisdiction over the district in a manner not applicable to states. For D.C. to achieve statehood, this would require changes... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for District of Columbia on
Q: What rights are covered by the Constitution when you have a carry and concealed weapon permit in Washington DC.
James L. Arrasmith
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answered on Oct 15, 2023

In Washington, D.C., as in many other jurisdictions in the United States, the right to carry and conceal a weapon is governed by a combination of federal and local laws and regulations. When an individual obtains a carry and concealed weapon permit in Washington, D.C., they typically have the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for District of Columbia on
Q: Are there proper or certain procedures required by the police department dealing with concealed carry permits?
James L. Arrasmith
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answered on Oct 15, 2023

The procedures for dealing with concealed carry permits can vary significantly from state to state and even within different jurisdictions within a state. Generally, the issuance and regulation of concealed carry permits fall under state law, and the specific procedures are outlined in those laws.... View More

1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for District of Columbia on
Q: Where can I find a constitutional lawyer that will do contingency in Virginia or Washington dc

Need help asap need appeals federal court case

Tim Akpinar
Tim Akpinar
answered on May 29, 2023

An attorney in those jurisdictions could advise best, but your question remains open for two weeks. If you don't have someone recommended professionally, you could run searches by going online, using the tab above (Find a Lawyer), or through attorney referral services of local bar... View More

Q: I work disability one thru NW Works at USDA . IVE WALKED OUT DUE DO ALL THE STRESS OF HARASSMENT , depressions started

Employee of USDA has been verbally harassing me , constantly messing with my cleaning items , his boss also harassing me . My depression has got to the point where I walked out of work. No support from NW Works.

Matthew T. Famiglietti
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Matthew T. Famiglietti
answered on May 18, 2023

If you have not already filed an informal complaint with your agency, you should do so immediately. Under the Federal Sector regulations, which cover federal employees, you have 45 days to file an informal complaint of discrimination from the date that discrimination or the date of last retaliation... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for District of Columbia on
Q: Can my pastors come in my home because it’s on church property without my permission?

I live on the property of the church I attend, and I also work here. I haven’t started paying rent yet, but I will be soon. Someone told the pastors that they smelled marijuana coming out of my apartment and the pastors showed up unannounced and demanded they come into my home without giving me a... View More

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answered on Mar 11, 2023

As a resident on church property, you have the right to privacy and the right to deny entry to others, including pastors, without your consent or without a legal warrant. Just because your home is located on church property does not mean that your pastors have the right to enter your home without... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Libel & Slander for District of Columbia on
Q: I need help in my case for January 6, 2021. If anyone can help me, please let me know.

I need help regarding my charges for being inside the Capitol on January 6

Laurence L. Socci
Laurence L. Socci
answered on May 27, 2022

I'm a DC criminal defense attorney. I offer low-bono services, which means I offer significant discounts for certain cases. This would be one of those cases. If you would like to discuss your case with me, you can call me at 202-262-5843 or email me at laurence.socci@soccilawfirm.com.... View More

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