Lawyers, Answer Questions  & Get Points Log In
District of Columbia Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law for District of Columbia on
Q: How long can house withhold action from senate after voting for it before it is illegal?

The process for the house is complete and only needs deliver to senate to begin their process. Is it illegal for them to withhold this action, especially for political gain.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 20, 2019

This isn't a question for this forum. I'm sure it relates to current events and you can find the answer there.

1 Answer | Asked in Criminal Law and Constitutional Law for District of Columbia on
Q: Can u get arrested for not wearing a seatbelt?
Mark Oakley
Mark Oakley answered on Jun 10, 2019

No. It’s not even a moving violation and carries no points. Normal fine is $25.

Q: Is it legal for our government to give billions of American taxpayers dollars to an illegally nuclear armed country.

Israel has hundreds of nuclear weapons and refuses to allow inspections of their facilities and has not signed The Treaty on the Non-Proliferation of Nuclear Weapons. Not to mention, this is a hostile nation that has attacked the US military killing hundreds of American service men with no... Read more »

Andrellos Mitchell
Andrellos Mitchell answered on Aug 30, 2018

The U.S. Government has been giving Isreal Billions of dollars in foreign aid for many years and getting little in return...so apparently it is legal.

Q: Is this a matter for US Supreme Court?

I have a situation where I formed a contract by payment of ongoing fees with a US government department and for that contract I was lead to believe I would have legal rights protecting my property under US law given by U.S. Congress which has not happened, if things happened a certain way.... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jul 3, 2018

I have worked with patents for a long time. I cannot think of any government agency that accepts money from an individual for protecting intellectual property beyond the normal processes of filing for a patent, trademark, or copyright.

You need to talk with an attorney that can review all...
Read more »

Q: Can US citizens file a civil suit against a former senior member of the U.S. Government for negligence?

If so, is their case law?

Peter N. Munsing
Peter N. Munsing answered on Jan 3, 2018

Anyone can sue for anything but a case that 1) is for a generalized harm 2) for a non-specific injury (e.g. he acted to limit our 2nd amendment rights) 3)is tolled by the statute of limitations 4) where the Federal Tort Claims Act was not complied with 5)or that concerns discretionary duties will... Read more »

2 Answers | Asked in Constitutional Law for District of Columbia on
Q: Could the Senate invoke the Nuclear Option today, then eliminate it for future usage.
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 10, 2017

The Senate can change the rules by voting to do so, now and in the future. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for District of Columbia on
Q: How to counter a criminal summons with a civil claim before a court date?

State of Virginia Trooper in collusion with a Sherrif's deputy and towing companies. Anti-fraud statute should apply under Sherman Act, presumably?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 20, 2017

You should contact a VA lawyer about this, rather than posting on the DC forum. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions,... Read more »

Q: Is it illegal for news corporations like NBC to distribute fake news? Is it illegal for the White House to distribute?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 15, 2017

It depends on the facts. See: https://www.fcc.gov/consumers/guides/broadcasting-false-information. Also the President cannot commit crimes, obviously. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for District of Columbia on
Q: Who won the District of Columbia v. Heller case?

It is a case that focuses on the 2nd amendment. (I just need to know who won that case)

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 1, 2017

See: https://www.law.cornell.edu/supct/html/07-290.ZS.html

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,...
Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for District of Columbia on
Q: Is it illegal to desecrate the American flag? I saw on the Cornell university law school website that it was?

People say that this doesn't mean anything but is it the current law or not? I'm finding alot of opposing ideas on it. Is it illegal or not? (1) Whoever knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 7, 2016

There are indeed legal precedents which hold that the right to free speech permits political acts such as flag burning. However be prepared to defend the fact that such an act was indeed political speech and not otherwise endangering the public's safety. It can get tricky, especially depending... Read more »

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Nothing Article II of the Constitution, why isn't the President able to remove executive employees as they wish?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 20, 2015

I do not understand the question, perhaps because you are asking the wrong question or worded it wrong. Who is the they?

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Does an "enemy combatant" fighting overseas, captured, brought to the U.S. for detained have all constitutional rights
Robert Jason De Groot
Robert Jason De Groot answered on Oct 14, 2015

Apparently not, but the word person is very important and the constitution, depending upon the facts, can apply.

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: What is the best argument for recognizing constitutional protection for claims of executive privilege?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 10, 2015

You gave no facts. Without facts we cannot give an opinion. This is much more than a basic legal question, but requires much time in order to answer.

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Does the right to "keep" and bear arms cover use of a pistol range for proficiency shooting?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 10, 2015

No, it is merely the right to bear arms.

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Can the exercise of one constitutional right be conditioned on the relinquishment of another (fingerprinting to owngun)?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 10, 2015

What are the facts here? Without facts it is hard to apply the law.

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Is there a Per day addendum for wrongful imprisionment?
Robert Jason De Groot
Robert Jason De Groot answered on Oct 8, 2015

Facts are needed here. I do not know what you are asking. It appears to be whether there is an addition for compensation, and you have not shown any facts at all, just a question. We at least need to know some facts in order to form an opinion.

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Did Metro. Wash Ch, Associated Builders, et al v. DC of 2014 ever answer the Privileges and Immunities question?

I see from the Opinion of J. Sullivan of July 14, 2014, that the Priviliges and Immunities question was left open. I am wondering whether or not the parties pursued this question, as this portion of the motion to dismiss was denied. In particular, the court left the question as to whether... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 1, 2015

If you want specific advice, you normally have to pay for that. This is not a basic legal question, it calls for an attorney to spend time on research.

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Does the US Supreme Court have the power to make laws in the State Constitution ?
Robert Jason De Groot
Robert Jason De Groot answered on Sep 28, 2015

The Supreme court makes law all the time. It interprets the constitutions of the various states and makes laws concerning that.

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: Does the Supreme Court publish what it on its current docket?
Daniel Gross
Daniel Gross answered on Apr 5, 2011

There are two sites that people use to find the Court's docket or recent opinions. http://www.scotusblog.com/ and www.oyez.com

1 Answer | Asked in Constitutional Law for District of Columbia on
Q: How to you make complaints about unfair prison treatment??
Daniel Gross
Daniel Gross answered on Jan 14, 2011

The specific policy would depend on the jail, detention center, or prison where the inmate is being housed. As a general rule in the US, a prisoner may file an official grievance with the agency designated by federal or local law. The inmate is required to be made aware of these procedures. The... Read more »

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.