Category: Constitution

Law, Policy, People, and Stop-and-Frisk

Stop and Frisk in Brownsville, Brooklyn:
Residents Question a Police Tactic

I have blogged about Donald Trump‘s support for the NYPD use of stop, question, and frisk as a national model. Please watch this 2010 report about the law, policy, people, and stop-and-frisk in Brownsville. Do cops issue tickets in part to make money for their municipalities? Will Trump adopt a stop-and-frisk policy for Muslims in order to create the national database he promised? When does public cynicism influence policy? To borrow the words of Benjamin Franklin, should Americans give up some of their liberty to get a little temporary safety? Read more


The Right To Be Left Alone v. Stop and Frisk

“Stop and Frisk” As National Policy?

State and federal law protect individuals from unreasonable government intrusion. Thus, “stop and frisk” is an exception to the law, not the general rule. The no-nonsense tough-talk appearance of a national stop and frisk policy might appeal to some people. But the right to be left alone is more important—and that’s no bull! It is the law. Consequently, judges, prosecutors, and defense lawyers take it seriously. Read more


The Second Amendment and Gun Control

Affirming the Right to Keep and Bear Arms

As 2016 draws to a close, one cannot help but languish in the memory of all those who died this year. Sadly, United States Supreme Court Justice Antonin Scalia is among them. Among his many contributions to American society, Justice Scalia stood firmly for the right to keep and bear arms under the Constitution. With the Second Amendment on my mind, this post juxtaposes this constitutional right with New Jersey law, which favors gun control. Read more


The Thirteenth Amendment and Modern Slavery

How to Combat Modern Slavery

thirteenth amendment

The Thirteenth Amendment Condones Slavery.

Though surprising, the text of the Thirteenth Amendment clearly states circumstances when slavery is legal. Indeed, it is an exception to the general abolition of slavery and indentured servitude under the Thirteenth Amendment. It provides as follows:

U.S. Const. amend. XIII, § 1.
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
U.S. Const. amend. XIII, § 2.
“Congress shall have power to enforce this article by appropriate legislation.”

Read more


Freedom of Speech and The First Amendment

Freedom of Speech and Expression

freedom of speechThe First Amendment to the United States Constitution guarantees freedom of speech and expression. Restricting government interference, it provides, “Congress shall make no law . . . abridging the freedom of speech . . . .” U.S. Const. amend. I. Though originally limiting the powers granted to Congress in Article I, courts apply the First Amendment to the States. Gitlow v. New York, 268 U.S. 652 (1925) (incorporating freedom of speech into the Fourteenth Amendment). This limits ‎federal and state control over speech in the “public forum.” Sidewalks, streets, and other publicly owned areas comprise the “public forum.” Thus, the law secures the right to Read more

Standing—Getting Your Client His Day in Court

Standing

standingThis entry will explain New Jersey and Federal law as each relates to suppression motion standing.

First, this will set forth the general standards under state law.

Next, this will explain standing under federal law.

Finally, this will define the particular categories for standing under state law. Read more


Emancipation Proclamation Signed By Pres. Lincoln Dateline Jan. 1, 1863

Abraham Lincoln, William Tecumseh Sherman, Ulysses S. Grant, David Dixon Porter, River Queen, 27-28 March 1865, Emancipation Proclamation, Benjamin Franklin Butler, Contrabands of War, United States Constitution, Slavery, Articles of Confederation, Dred Scott v. Sanford 60 U.S. 393 (1857), On January 1, 1863, President Abraham Lincoln signed the Emancipation Proclamation. Intended to free the slaves in States and political entities in rebellion against the United States, the Emancipation Proclamation applied only to: Arkansas; Texas; Louisiana, except certain Parishes; Mississippi; Alabama; Florida; Georgia; South Carolina; North Carolina; and Virginia, except certain counties. Predating the Reconstruction Amendments, the Emancipation Proclamation did not apply to Missouri, Maryland, Kentucky, and Delaware. Although these states condoned slavery, they were not then in rebellion against the United States. Likewise, it did not apply to Tennessee. Read more


Gun Control v. The Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. U.S. Const. amend. II.


GUNS REDUCE CRIME from Intelligence Squared U.S. on Vimeo

 

Dedication

Based on recent tragic events in America involving gun violence, I dedicate this post to the memory of the fallen. This is also dedicated in honor of the survivors within their families and communities, and all other mourners. Additionally, I dedicate this to those who sacrificed to secure our legal rights in America. Read more