Any self-righteous lawyer will tell you (who is not a lawyer) that
they know much more about law than you.
Apparently, law enforcement officials do not seem to be knowledgable about the Supremacy Clause in the U.S. Constitution. Many police chiefs believe that state laws trump the U.S. Constitution. Another indication that they are fundamentally stupid and simply does not understand the Supremacy Clause The Gideon v. Wainright SCOTUS decision gave indigents free lawyers. This constitutes very unequal treatment for the not so indigent. Perhaps, all those pursued by the government (for its own income) should be given free lawyers. All defendants should be provided an equal amount of resources as the prosecution gets. Otherwise, it seems to violate the Fourteenth Amendment Equal Protection Clause Forfeiture of Property Laws violate the Fifth and Fourteenth Amendment Due Process clause MGL 115 MGL 115: Public Welfare: Veterans Benefits Viewing child pornography sites (free speech) Any laws like the laws allowing DCF to exist violate the Fourteenth Amendment Equal Protection Clause The US Constitution is the Supreme Law Of The Land
MGL 272-28 (note exclusions on law) In a suspected DUI case, if you do not submit to a blood test, your license to drive will be suspended for 180 days. This seems to be in violation of the Fifth Amendment
Where does it say in the US Constitution that we can not ingest any specific drugs or foods? Nowhere. Article I, Section 8 itemizes the powers of Congress, but has the following opening sentence, which is mangled to make us believe the powers of the U.S. government are unlimitted. The Congress shall have the Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and General Welfare, but all Duties, Imposts and Excises shall be uniform throughout the United States. The term General Welfare clause is not an itemized power of Congress.
Fourth Amendment
Fifth Amendment
Sixth Amendment (confrontation clause)
Fourteenth Amendment
It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. -- 241, 242). Color of law simply means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts under color of law even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed. The police have a strong, long-held, deep-seated and rich tradition of attempting to imprison political dissidents.
The protection guaranteed by the Amendments is much broader in scope.
The makers of our Constitution undertook to secure conditions favorable
to the pursuit of happiness. They recognized the significance of man's
spiritual nature, of his feelings, and of his intellect. They knew that
only a part of the pain, pleasure and satisfactions of life are to be
found in material things. They sought to protect Americans in their beliefs,
their thoughts, their emotions and their sensations. They conferred, as
against the Government, the right to be let alone - the most comprehensive
of rights and the right most valued by civilized men. To protect that
right, every unjustifiable intrusion by the Government upon the privacy
of the individual, whatever the means employed, must be deemed a
violation of the Fourth Amendment. And the use, as evidence in a
criminal proceeding, of facts ascertained by such intrusion must
be deemed a violation of the Fifth.
There's a good reason why, in the 4th Amendment, suspicion of wrongdoing comes before search. And it's not only because of the presumption that we should generally be left alone - but because of the danger that a government, with enough data about any of us, and enough laws, can find some basis for being suspicious. Show me the man, and I will show you the crime ,' said Stalin's secret police chief." |
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