I am currently researching the Roe vs Wade case for a school project and this was extremely helpful! Thank you so much!

@USLawEssentials

8 жыл бұрын

+Aine Adachi Thanks Aine. It's a very short introduction but I hope it was helpful. Best of success with your project. Let me know if there are other topics that interest you.

Wow the founding fathers really messed up when they forgot to add state government to the 5th amendment

Very good, I always wondered about the 5th Amendment as to whether it was incorporated into the 14th Amendment. But I never knew the application was different as to which due process applied to the state and federal courts. Very interesting.

And this is why watch lists are unconstitutional

Very Interesting subject.

So if you’re suspected of a crime can the court hold your vehicle and phone or would they have to release these things because of due process and it’s not allowing pursuit of life and happiness

Awesome, didn’t realize that 5th Amendment was only for federal government and the 14th Amendment covered the state portion of Due Process

What about the Jude process of Law?

i just learned something new about due process, however what if the state is operating under federal regulations and the state deprives am individual of life, liberty and property? is there redress for this? thanks

@davidtruffle8967

3 жыл бұрын

Not a lawyer; but I think itd fall under a fourteenth am. Violation against the state in federal courts

@PANTYEATR1

3 жыл бұрын

@@davidtruffle8967 thanks for your reply Mr. Truffle. i think i incorrectly asked this question due to being young in the study of law. i have been studying for 5 years now. the information i was looking for with this question i now know. States are sometimes under contractual agreements that are regulated under CFRs, but if they violate federal and/or constitutional protected rights of an individual, the State is liable

I enjoyed your video. Are you doing Probono for California. I need a pro bono in CA to represent me VS DMV. they took my DL with out due process. The hearing officers took my DL .

@USLawEssentials

8 жыл бұрын

+Scooter Ball No SB, I don't practice law in CA.

@SCOOTERBALLUSA

8 жыл бұрын

Keep the faith.

Due process can exist but "fairness" is ambiguous depending on who defines it. Such is life

@USLawEssentials

7 жыл бұрын

Hi Jas, thought you might want to take a look at another video: kzread.info/dash/bejne/aX1pmLR9msmppaw.html

How cool and interesting !

What do you think about the Gregg v. Georgia case. Was it right to sentence Gregg the death penalty?

@USLawEssentials

9 жыл бұрын

Hi Yassin. I'll assume you're not asking me my opinion of the death penalty and whether the death penalty violates the 8th Amendment prohibition against cruel and unusual punishment. I'll assume you're focusing on the 14th Amendment and due process of law. In your reading of the case, what do you see as the 14th Amendment issue? Yeah, sorry, I'm answering your question with a question but it will help both of us to think about your question.

So that leads to the question; What if Due Process is not provided to an individual and these two amendments are violated in a court proceeding.

if a person is deemed a victim by the federal magistrate...of a violation of due process in their prosecution, can an individual (me) sue the state or another government for punative damages ? if no what relief can there be?

and what about the indefinite detention clause of the 2012 National Defense Authorization Act? as it pertains to the 14th amendment.

@USLawEssentials

8 жыл бұрын

+Frondaro Delarge Thank you for raising this point although it is beyond the scope of this introductory video on the 14th Amendment. You are correct that many civil rights groups, politicians, US citizens, and others are concerned that the federal government will rely on Section 1021 of the NDAA to violate the Fifth Amendment Due Process Clause. If you are not doing so already, you might want to follow efforts by several Senators to amend the NDAA to clarify the scope of its provisions for military detention in light of the Fifth Amendment's guarantee of due process. You might also want to speak to your Representative or Senator.

@frondaro

8 жыл бұрын

+USLawEssentials can you perhaps make a video, or go into more detail in how to change things politically as one individual? such as protesting, contacting your representative, and so on?

@USLawEssentials

8 жыл бұрын

+Frondaro Delarge This is a very good question. It's not something I normally get into on KZread. Although you asked about things you can do as an individual, you should consider contacting an organization such as the ACLU and asking whether it is currently working on issues related to Section 1021. You could also write to your representatives in Washington and ask about their views. Some politicians share your concern that 1021 should be amended. If your representatives disagree with you, and you don't accept their reasoning, you could vote for representatives who' share your views.

I really struggle with AP Government so this video helps a lot

does this only refer to "prison" or does it refer to county jails, as well? I have a minor with accusations to committing a crime . she has not even been to court , seen a judge, and the county of Low Angels Probation Department already wants to force her into juvenile probation.

@USLawEssentials

7 жыл бұрын

I'm not allowed to give you legal advice so please speak with an attorney in your jurisdiction about the child's case.

@Pjwilliamson55

6 жыл бұрын

You might find information in this US appeals court case where a lawsuit was filed against the district attorney that will help you www2.ca3.uscourts.gov/opinarch/092144p.pdf

🙏🙏🙏Thank God I have broken the chains. I will always work hard and respect my freedom. I was born in the United States. I know this I will never look back. Thank God I am healthy and grateful for my freedom. My chains are gone. Thank God for another blessed opportunity.

🙏🙏🙏🇺🇲 All have to follow the law.

Thanks a lot! So you mean that a standard set of procedures must be followed before any action is taken to punish persons accused of braking the law right?

@USLawEssentials

8 жыл бұрын

+Izumi Kelly I think that is a fair description. Before the government takes away a person's freedom, life, or property, the government should follow fair procedures. People might have different views as to what procedures should be followed, depending on the circumstances. For example, if a high school student disrupts his classes we'd probably agree that the school should be allowed to administer a punishment. If the punishment is severe, such as suspension or expulsion, the student should receive notification and probably an opportunity to have a hearing.

@jefferydaniels5672

8 жыл бұрын

+USLawEssential The Public School System is corrupt and shouldn't even exist. Why did you use such a poor example?

Hello my name is LEN Rhem I know this may seem silly bit can a state knowingly apply volence to someone who is not been changed

@USLawEssentials

5 жыл бұрын

I'm not sure whether I understand your question completely but I think the answer is yes. For example, let's say a person tries to shoot someone. A police officer interferes by using force against the shooter. The shooter has not been charged with a crime (yet) and the state is using force against him. I think everyone would agree the use of force here is appropriate. Did I understand your question correctly?

2001 illegal wire taps. No warrant. 2016 Due process violation 4th 5th 6th 14th Amendment violation.

Where can a person access a transcript of the US Constitution?

@USLawEssentials

4 жыл бұрын

Your library will have a copy and online here, for example: www.archives.gov/founding-docs/constitution-transcript

How do i get the link?

@USLawEssentials

7 жыл бұрын

I believe I fixed the links in the video. If you are trying to reach my website, please go to uslawessentials.com. For my blog, uslawessentials.com/blog

May an ordinary citizen like me request or demand the Secretary of State (within my residence location) to initiate and or proceed with the process of disqualifying a candidate to be included in the election ballot based on the śection 3 of the Constitution's 14th Amendment? If so how?

what drivers license

Can you have a court date without anyone telling you about it then a warrant for your arrest with knowing you missed court

@USLawEssentials

4 жыл бұрын

Hi BW, unfortunately I can't give legal advice on an actual case. If this happened to you or someone you know, please contact an attorney in your state. Sorry I can't be more helpful.

Can the person be jailed for several years during the investigation process without being accused by court, thus meaning that the person objectively is not guilty untill it is proved otherwise?

@USLawEssentials

8 жыл бұрын

+Gala Korniyenko Gala, as a general rule in the US a defendant has a right to speedily hear the charges against him (usually within a few days) and to plead either guilty or not guilty. But there is currently a great deal of controversy over defendants held in jails awaiting trial because they cannot afford bail. There is also controversy over the status of individuals held in Guantanamo.

@Pjwilliamson55

6 жыл бұрын

In Crawford county Detention Center in Van Buren AR, the court appointed attorney let someone sit in jail for 10 months without one word from him. Because he could not afford a lawyer and never been to court yet he was forced to sit in county jail.

@fernandoguajardo2750

3 жыл бұрын

file A Wit of Habeas Corpus.

Wow my American Government book's definition is fail. This explained things greatly.

@USLawEssentials

10 жыл бұрын

Thanks for your kind words but I am sure your textbook provides a more detailed and complete explanation than a short video. I assume the textbook provided a helpful historical perspective, too. Best of success in your studies.

So what if cps ask for termination cause it looks like I’m engaging in illegal activity cause way I dress on fb and flashing money but never gave me chance defend myself they. Brought it all up at end took my unsupervised visits and all but never said why to trial

@fernandoguajardo2750

3 жыл бұрын

Have faith and Keep on fighting them and never give up for your children, look up the family code.

Thanks for tbe explanation but I am still not clear on tbe term right to counsel in the six amendment. In Gidson case of Flordia he won his case & the. Supreme Court. ruled he was entitled to cou sel yo represent him his criminal. Is this action part of due process of the 14th amendment And other poor persons have the same right in court?

@USLawEssentials

7 жыл бұрын

Carroll, you are referring to Gideon v. Wainwright. In that case, the Supreme Court established that the Sixth Amendment right to counsel in criminal cases applies to the states because of the Due Process Clause of the Fourteenth Amendment. This video might help you: kzread.info/dash/bejne/jGeXr6eeYsyYiag.html I don't know what you mean by "And other poor persons have the same right in court." Please clarify your question.

Clear eyes......

why doesn't congress and the president understand this.

0:35 Jury has an odd number of people.

Does the government State or Federal have r the right to abridge any Constitutional provision? Do they have the right to Suspend the Constitution under Marshal Law?

@USLawEssentials

9 жыл бұрын

Thanks for your questions. As to your first question, the courts allow the government to interfere with fundamental rights when there is a compelling reason to do so and the government action is narrowly tailored to achieve the compelling government purpose. This is known as the strict scrutiny test and I have a few videos on strict scrutiny if you take a look at the Constitution playlist. You also asked about martial law. The US Constitution is silent on that topic. The Constitution does allow the federal government to suspend the right of habeas corpus in cases of national emergency (Article 1, section 9). If you are not familiar with habeas corpus, generally speaking that is the right of a prisoner to challenge his detention or imprisonment. Some people would argue that the executive branch of government (the President of the United States or a state governor) should have no additional powers even in times of an emergency. I think it is fair to say that most people would disagree with that position and believe that the executive branch of government should have the power to implement some measures during an emergency that would otherwise be prohibited. But there is significant disagreement about how much additional power the executive branch should have during an emergency. I might try to summarize some of the different arguments on my blog but you could take a look at Richard Posner’s book Not a Suicide Pact and some of the responses to his book, such as this article by Stephen Reinhardt. www.michiganlawreview.org/assets/pdfs/106/6/reinhardt.pdf

@colsedam

6 жыл бұрын

John Carey you may mean martial law. No, the government cannot suspend habeas corpus.

This is way I'm grateful to be an American citizen. God Bless America!

🌎🙏🙏🙏 Thank God for the truth. Attorney rights preliminary hearing rights speedy trial rights a right to appeal. A born citizen

Red Flag Laws are Unconditional.

Please discuss 14 amendments regarding undocumented

Wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww

School

go animate

How does this apply to gay marriage?

@johnpaulvalentine8990

5 жыл бұрын

I am talking about the obergefell v hodges case

@USLawEssentials

5 жыл бұрын

Hi JPV, have you read the decision? supreme.justia.com/cases/federal/us/576/14-556/#tab-opinion-3427255 Among other things, the Court holds that the right to marry is a liberty protected by the 14th Amendment due process clause. The government cannot take away that freedom from gay people. Years earlier, the Supreme Court held that the government cannot deny that liberty to people who happen to be different races. supreme.justia.com/cases/federal/us/388/1/#tab-opinion-1946731

this is boring