I am currently researching the Roe vs Wade case for a school project and this was extremely helpful! Thank you so much!
@USLawEssentials8 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.
@anonymoushuman84434 жыл бұрын
Wow the founding fathers really messed up when they forgot to add state government to the 5th amendment
@DAE924872 жыл бұрын
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
@MTread5458 жыл бұрын
And this is why watch lists are unconstitutional
@whathuh69658 жыл бұрын
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.
@allsmiles32818 жыл бұрын
Due process can exist but "fairness" is ambiguous depending on who defines it. Such is life
@USLawEssentials8 жыл бұрын
Hi Jas, thought you might want to take a look at another video: kzbin.info/www/bejne/bXqYZ4V6n8t2q6s
@josephmedlow5365 жыл бұрын
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.
@michellelewis17582 жыл бұрын
Awesome, didn’t realize that 5th Amendment was only for federal government and the 14th Amendment covered the state portion of Due Process
@ANDRE-sp2mi Жыл бұрын
🙏🙏🙏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.
@martahernandez60343 жыл бұрын
Very Interesting subject.
@davelovell86315 жыл бұрын
I really struggle with AP Government so this video helps a lot
@PANTYEATR16 жыл бұрын
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
@davidtruffle89673 жыл бұрын
Not a lawyer; but I think itd fall under a fourteenth am. Violation against the state in federal courts
@PANTYEATR13 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
@SCOOTERBALLUSA8 жыл бұрын
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 .
@USLawEssentials8 жыл бұрын
+Scooter Ball No SB, I don't practice law in CA.
@SCOOTERBALLUSA8 жыл бұрын
Keep the faith.
@AndreRosario-zm8pf8 ай бұрын
2001 illegal wire taps. No warrant. 2016 Due process violation 4th 5th 6th 14th Amendment violation.
@mariadelgado4103 Жыл бұрын
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?
@nkel61118 жыл бұрын
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?
@NoirFan014 жыл бұрын
What about the Jude process of Law?
@yassinthebeast9 жыл бұрын
What do you think about the Gregg v. Georgia case. Was it right to sentence Gregg the death penalty?
@USLawEssentials9 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.
@Kalithro10 жыл бұрын
Wow my American Government book's definition is fail. This explained things greatly.
@USLawEssentials10 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.
@striker32247 жыл бұрын
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.
@USLawEssentials7 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.
@Pjwilliamson557 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
@christopherorozco14953 жыл бұрын
How cool and interesting !
@izumikelly3398 жыл бұрын
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?
@USLawEssentials8 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.
@jefferydaniels56728 жыл бұрын
+USLawEssential The Public School System is corrupt and shouldn't even exist. Why did you use such a poor example?
@frondaro9 жыл бұрын
and what about the indefinite detention clause of the 2012 National Defense Authorization Act? as it pertains to the 14th amendment.
@USLawEssentials9 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.
@frondaro9 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?
@USLawEssentials9 жыл бұрын
+Frondaro Delarge This is a very good question. It's not something I normally get into on KZbin. 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.
@takakonobe8 жыл бұрын
why doesn't congress and the president understand this.
@josejordan75284 жыл бұрын
Where can a person access a transcript of the US Constitution?
@USLawEssentials4 жыл бұрын
Your library will have a copy and online here, for example: www.archives.gov/founding-docs/constitution-transcript
@lenrhem16 жыл бұрын
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
@USLawEssentials6 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?
@bobbywilliams93815 жыл бұрын
Can you have a court date without anyone telling you about it then a warrant for your arrest with knowing you missed court
@USLawEssentials5 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.
@AndreRosario-zm8pf11 ай бұрын
🙏🙏🙏🇺🇲 All have to follow the law.
@GalaShine8 жыл бұрын
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?
@USLawEssentials8 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.
@Pjwilliamson557 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.
@fernandoguajardo27503 жыл бұрын
file A Wit of Habeas Corpus.
@matthewalexander53097 жыл бұрын
what drivers license
@bigq19779 жыл бұрын
This is way I'm grateful to be an American citizen. God Bless America!
@ericklymn54162 ай бұрын
Yea. Tell that title IVD/child. They violate the 4th, 5th, and 14th amendment
@carrollindsay4327 жыл бұрын
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?
@USLawEssentials7 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: kzbin.info/www/bejne/kGTGfnibZ85lj6c I don't know what you mean by "And other poor persons have the same right in court." Please clarify your question.
@kittykat74738 жыл бұрын
How do i get the link?
@USLawEssentials8 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
@Brandon-xp1ob6 жыл бұрын
Clear eyes......
@jonathanaguilar9047Ай бұрын
Solo por hoy😂😂😂
@jennescobedo5436 жыл бұрын
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
@fernandoguajardo27503 жыл бұрын
Have faith and Keep on fighting them and never give up for your children, look up the family code.
@johncarey418610 жыл бұрын
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?
@USLawEssentials10 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
@colsedam6 жыл бұрын
John Carey you may mean martial law. No, the government cannot suspend habeas corpus.
@AndreRosario-zm8pf11 ай бұрын
🌎🙏🙏🙏 Thank God for the truth. Attorney rights preliminary hearing rights speedy trial rights a right to appeal. A born citizen
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