Recent content by Vang

If a cop arrests you in violation of your federal constitutional rights, you sue under 42 U.S.C. § 1983 ("Every person who . . . subjects . . . any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable...

General Geoff, that's not what he was suggesting. Under Virginia v Moore, if the officer is angry at you for refusing to consent to the search, he can arrest you for anything (something totally made up), then search the car incident to that arrest, then release you later. Any evidence found...

"Stop and frisk" is perfectly legal. Under current supreme court precedent, as long as an officer has reasonable suspicion of criminal activity, he can search for weapons to ensure his safety. If this happens to turn up drugs, well, good luck claiming the officer didn't have reasonable suspicion...

What law provides criminal penalties for their actions? Also, do you have a document that demonstrates the knowledge of the council, or some proof that they know some or all of these bills are preempted? I think it's possible at least one isn't preempted, so clearly creative lawyers on the other...

I don't think you understand contempt of court. You could face contempt of court for something you do in an actual court proceeding. Philadelphia's government has committed no criminal or civil offense by passing laws. Now, we should condemn them even more strongly if they knew that the laws...

The court would not use the "necessary and proper" clause because there is no way it is applicable and nobody who is a clerk or justice at the supreme court is stupid. The way smart people will create a line between "evil guns" and "good guns" after a decision for Heller will be analogous to how...

4 out of 5 of the laws will be immediately overturned, but that doesn't make the council's or the mayor's actions illegal, it simply provides the reason why the people should throw them out on the street (not that they will). Deanimator, no cop will ever enforce any of these laws before the...

If you ask me, the only part of the oral arguments that matter is whatever the Solicitor General says. All of the justices know what they think the 2nd amendment means, the only thing left is how best to make a political compromise. For that, the SG matters but nobody else does. Even then, I...

I actually didn't know about what the court did with Stewart. That's a pretty good case next time I need to convince someone who's a proponent of gun rights why the "war on drugs" is a bad idea. I had chalked Raich up to the magical illegal drug exception the court seems to be creating in cases...

Every problem that can exist with our bodies (including our minds) is inherently chemical. However, the idea of an "imbalance" isn't really much more than marketing. My issues with SSRIs/SNRIs is that it makes little sense to ignore all the other steps in the production of serotonin. Why not...

The reason I believe the states have the power to ban abortion is that the regulation of abortion is one of the many powers reserved to the states under our constitution. There are plenty of things that the states may do that the federal government may not do. Essentially, the states can do...

I don't know Virginia law, but I do not think it prudent to take a driving course before they trial. The only reason such a course would be relevant to anyone is if it is a condition of a plea bargain imposed either by the judge or the ADA (or whoever's prosecuting the case). Of course you...

You would be right that Congress clearly does not have the ability to ban abortion. However, I think it's clear the states have the power to ban abortion unless some provision of the constitution has removed that ability from them (which it hasn't unless you take a particularly pro-abortion view...

What part of the country do you people live in where going 20 over on a highway is treated as a serious matter? I was recently pulled over for ~65 in a 25 and the cop was on my side in knocking it down to 5 over, which doesn't carry any points. The judge had no problem with this settlement. I...

It wasn't a civil war. It was an invasion of a sovereign nation that happened to previously be a part of the Union.