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State Law Vs Constitution
Summary
In Illinois, arrests and detentions can be made based on probable cause without a grand jury indictment if a judge agrees. This aligns with state procedures, not federal law. The U.S. Constitutions Supremacy Clause ensures federal law overrides conflicting state laws, but states can establish their own procedures for state-level offenses. If you believe your rights are violated, consider consulting a legal expert.Full Conversation
The constitution says no man shall be held for a crime unless by indictment from a grand jury that is federal law the states law can not be above the us constitution can it ?
The U.S. Constitution does require a grand jury indictment for federal felony offenses under the Fifth Amendment. However, states can have different procedures for state-level offenses. In Illinois, individuals can be arrested and detained based on probable cause without a grand jury indictment, as long as a judge agrees. Would you like clarity on how this applies to a specific situation or case?
Yes because it was my understanding that there is no higher law then the US constitution and. That state my create there own statues but they have to go with the basic * amendments because they are what makes this country united so for a state to follow a lesser unlawful state law that obstructs the civil rights of someone is depravation of right under color of law! It's abuse of power and unconditionally wrong
It seems you're concerned about the balance between federal and state laws, particularly regarding detentions and indictments. Here's some general information:
- U.S. Constitution: It sets the baseline for rights and procedures, including grand jury indictments for federal offenses.
- State Laws: States have the autonomy to establish procedures for state offenses, which might differ from federal standards.
States must respect constitutional rights but have flexibility in procedural matters. If you believe there's a violation of rights, consulting a legal expert might be beneficial. Would you like to explore specific cases or examples in Illinois?
- U.S. Constitution: It sets the baseline for rights and procedures, including grand jury indictments for federal offenses.
- State Laws: States have the autonomy to establish procedures for state offenses, which might differ from federal standards.
States must respect constitutional rights but have flexibility in procedural matters. If you believe there's a violation of rights, consulting a legal expert might be beneficial. Would you like to explore specific cases or examples in Illinois?
Explain to me how a state can create legislation or laws that go against the constitution no matter what the crime or what level sate or federal law because no matter which everyone has to follow the * amendments including the state the state prosecutor or the state judge can not take those * amendments (our rights away) from us that is unconstitutional and a crime called deprivation under color of law!
Case Rating: *
Here's a brief explanation regarding your concern:
- Supremacy Clause: The U.S. Constitution is the supreme law of the land, meaning federal law overrides conflicting state laws.
- Amendments: States must respect constitutional rights, including those in the Bill of Rights.
- State Legislation: States can create laws, but these must align with constitutional standards. Violations, such as deprivation of rights under color of law, can be challenged legally.
Would you like more information on specific cases where this has been an issue in Illinois?
Here's a brief explanation regarding your concern:
- Supremacy Clause: The U.S. Constitution is the supreme law of the land, meaning federal law overrides conflicting state laws.
- Amendments: States must respect constitutional rights, including those in the Bill of Rights.
- State Legislation: States can create laws, but these must align with constitutional standards. Violations, such as deprivation of rights under color of law, can be challenged legally.
Would you like more information on specific cases where this has been an issue in Illinois?
I want to know if charging by probable cause only is depression under color of law because you just stated that states must respect the constitutional rights including the bill of rights and that state law must align with constitutional standards if this is correct then there must be an indiment by a grand jury in order to detain any one for any crime or it would be a crime is this correct
Case Rating: *
In Illinois, it's lawful to arrest and detain someone based on probable cause, even without a grand jury indictment, as long as a judge agrees. This aligns with state procedures, not federal. Deprivation of rights under color of law can be challenged if rights are violated. Would you like more information on specific cases in Illinois where this has been an issue?
In Illinois, it's lawful to arrest and detain someone based on probable cause, even without a grand jury indictment, as long as a judge agrees. This aligns with state procedures, not federal. Deprivation of rights under color of law can be challenged if rights are violated. Would you like more information on specific cases in Illinois where this has been an issue?
Even tho it aligns with state procedures it does not align with constitutional rights the state can not deprive someone if this right. And the states attorney or a state judge can not decide the law the constitution states no man can be held for ANY crime with out incitement that is not a procedure that is a right a constitutional right that the state can not take away state law nor procedure can not go above that right
Case Rating: *
Your concern about the balance between state and federal laws, especially regarding detentions and indictments, is valid. However, states have the flexibility to establish their own procedures for state-level offenses, which can differ from federal ones. The Supremacy Clause ensures the U.S. Constitution is the supreme law, but states can still create procedural laws that comply with constitutional rights.
If you believe this is a deprivation of rights under color of law, you might consider discussing your situation with a legal expert or attorney. Would you like more information on specific cases in Illinois where this issue has been challenged?
Your concern about the balance between state and federal laws, especially regarding detentions and indictments, is valid. However, states have the flexibility to establish their own procedures for state-level offenses, which can differ from federal ones. The Supremacy Clause ensures the U.S. Constitution is the supreme law, but states can still create procedural laws that comply with constitutional rights.
If you believe this is a deprivation of rights under color of law, you might consider discussing your situation with a legal expert or attorney. Would you like more information on specific cases in Illinois where this issue has been challenged?
Yes
Case Rating: *
It sounds like you're exploring complex legal territory regarding constitutional rights and state procedures in Illinois. Here are a few cases that have challenged these issues:
- People v. Ortiz: This case examined probable cause and constitutional rights related to search and seizure.
- Illinois v. Gates: This case addressed the probable cause standard for issuing a search warrant.
For further in-depth analysis or legal advice, consulting with a legal expert might be beneficial. If you have more specific questions or need more details, feel free to ask!
It sounds like you're exploring complex legal territory regarding constitutional rights and state procedures in Illinois. Here are a few cases that have challenged these issues:
- People v. Ortiz: This case examined probable cause and constitutional rights related to search and seizure.
- Illinois v. Gates: This case addressed the probable cause standard for issuing a search warrant.
For further in-depth analysis or legal advice, consulting with a legal expert might be beneficial. If you have more specific questions or need more details, feel free to ask!
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