Law & Ethics - March 2007

The notion of popular amendment comes from the conceptual framework of the Constitution. Its power derives from the people; it was adopted by the people; it functions at the behest of and for the benefit of the people. Given all this, if the people, as a whole, somehow demanded a change to the Constitution, should not the people be allowed to make such a change? As Wilson noted in 1787, "... the people may change the constitutions whenever and however they please. This is a right of which no positive institution can ever deprive them."

It makes sense - if the people demand a change, it should be made. The change may not be the will of the Congress, nor of the states, so the two enumerated methods of amendment might not be practical, for they rely on these institutions. The real issue is in the practical. Since there is no process specified, what would the process be? There are no national elections today - even elections for the presidency are local.

2007-03-25 20:40:38 · 5 answers · asked by Anonymous

2007-03-25 20:22:30 · 16 answers · asked by sfumato1002 3

2007-03-25 19:54:05 · 2 answers · asked by Anonymous

I was sued by a collection agency, I paid the bill to the original people I owed, so in essence the collection agency didnt get paid by the original people because they didnt collect , I didnt sign any contract with anybody to pay anything(had to get that out of the way) in the mean time they are now suing for court cost and attorney fees which is 3 times higher than the original debt(the original was 543 and they want 1450) and by the law I have to respond to their claims til a date is set for court and who knows when that is, in the mean time, they keep saying an additional 200 bucks to reply to my answer everytime to review and answer they say,can they do that? now its 1650,can they do that? isnt that against the law?(by the way there was no judgement in the original case as they dropped it when I paid to the original people now they want this)

2007-03-25 19:47:08 · 10 answers · asked by Teejay 3

I thought they would have to be inside your home, and you would have to be in fear of your life, in order to shoot and kill someone without criminal charges being brought up against you?There was a teenager shot and killed outside a house, by the window of the house, by the homeowner in Oregon. After the investigation,the authorities, and the courts, said the man was justified in killing the boy and no charges were filled against him. I didn't think you could shoot an intruder outside of your home?

2007-03-25 19:38:49 · 4 answers · asked by cindy 2

I am almost 52 years old, an insomniac that takes 2 prescribed sleeping pills 2x per week. They have always taken several or more hours to take effect. I had lost a beloved pet the night before my car accident. I had taken the normal prescribed dose of my sleeping meds & drove home from visiting a friend. I am thinking because of all the stress of dealing with the loss, unexpectedly of our pet that the sleeping meds metabolized differently in my body. I nodded off at the wheel & hit another vehicle. The person had some minor injuries. I was given a field sobriety test(vision test,walk). They arrested me & released me to see dist. atty. next month. They took blood at hospital. Test results came back "results do not indicate prohibited alcohol concentration or presence of restricted controlled substance". What kind of charges could I be looking at? I DID take 2 sleeping pills,(WHICH I WOULD NEVER DO AGAIN) and drive, but they never affected me in this way before.

2007-03-25 19:30:42 · 4 answers · asked by Anonymous

If I have copies of someone's divorce papers, is it illegal to scan them as a jpg and post them on the Internet?

2007-03-25 19:15:38 · 3 answers · asked by bartmcqueary 3

2007-03-25 19:03:33 · 6 answers · asked by Anonymous

How come you dont see many disabled people working? I mean pretty much every public school has its community of disabled students so where do they go after they finish school?

2007-03-25 18:55:18 · 5 answers · asked by Anonymous

I know that refusing a breath, urine or blood sample can result in enhanced penalties, but are there any penalties for refusing to take field sobriety tests. By that I mean the motor skills "stand on one foot" tests. Can you simply say "Officer, I do not believe that standing on one foot has anything to do with operating a motor vehicle safely. Therefore I am refusing to do that."

2007-03-25 18:51:15 · 8 answers · asked by bartmcqueary 3

2007-03-25 18:46:38 · 13 answers · asked by Anonymous

He met her on the internet. He lives in the basement and she and her son and niece live upstairs on the 2nd floor. He receives Social Security for a mental disability, which is around $2300 a month. His lifestyle doesn't match his income. They seem to be married in name only. What is going on here?

2007-03-25 18:38:45 · 9 answers · asked by lady 5

6 years ago my wife commited adultery and we divorced yet i cited irreconcilable differences now she's remarried (twice) and i've remarried. In our original agreement we settled for joint custody with no child support now she's wanting me to surrender custody. I'm currently out of work and cannot pay child support can i give my parents temporary custody until a time when i find work and pay the child support? She's not asking for a lot but i just recently lost my job so even not a lot is hard to come up with. If i had the income i once had i'd happily pay more than what she's asking for. This whole thing of asking for support when we agreed i would be paying for their needs when they are with me (they were on my insurance and are listed as my beneficieries on my life insurance and 401K) is a suprise to me and is there anyway i can make sure the money is being spent on my children? I don't want to have a judge ask my kids to choose a parent.

2007-03-25 18:32:34 · 10 answers · asked by sprydle 5

3) In India any Governament Departments wastage the all meterials and assests of public why ? who can controll all this think ?
4) Per day in india each politician spend the maximum 1,00,000=00 why ? for his own house purpsoe by the maintanance of A/Cs, CARs, Securitis that amount why the indian Government does not control?

2007-03-25 18:31:10 · 6 answers · asked by chd_laxminarayana 1

2007-03-25 18:08:13 · 2 answers · asked by randyskip 2

I think .its a, b and D...can anyone clarify??

Which of the following is an example of a reserved power?
A. the power to enact zoning regulations
B. the power to set a date for counting electoral college votes
C. the power to commission naval officers
D. the power to regulate commerce

2. Which of the following is an example of an implied congressional power?
A. the power to tax and spend
B. the authority to coin money
C. the power to declare war
D. the power to propose amendments to theh constitution

Which of the following is an example of police powers?
A. the power to issue tickets for traffic violations
B. the power to impeach federal judges
C. the power to determine the precious metal content of coins
D. the power to impound funds
E. all of the above

2007-03-25 18:08:01 · 2 answers · asked by Anonymous

Here in India, Pepsi sells Aquafina packaged water, 1000ml for Rs. 15, no problem, but now they've started selling smaller 750ml bottles for Rs. 20. Thus increasing profits. Shopkeepers slowly are withdrawing the 1ltr bottles and replacing them with these new ones. I plan to file a consumer petition against the company, I've already written to several newspapers. What's your take?

2007-03-25 18:07:01 · 15 answers · asked by K-Paxian 2

It was 10 years ago and I have been out of trouble and completed my probation a year ago. I find it is still affecting my ability to get a good job. I moved to Florida and did my probation there. Do Florida Laws apply for sealing records?

2007-03-25 18:03:02 · 5 answers · asked by Anonymous

2007-03-25 18:00:58 · 12 answers · asked by james t 1

Is this justice or does it go too far?

http://news.yahoo.com/s/ap/20070325/ap_on_re_us/picture_sentence

2007-03-25 17:52:03 · 11 answers · asked by Cacaoatl 3

I got hit by a car in a parking lot. I didn't brake any bones, but my neck and back are bothering and I've been thinking of getting legal help to request compensation for personal injury.
Does anyone know how long the process usually takes and how much can I ask for?

2007-03-25 17:44:17 · 6 answers · asked by Ashley 1

my ex-husband usually doesnt really participate in our childrens lives unless he wants something or his family tells him too. he has recently asked if he can have his mother drive our daughters half way to his house and have his girlfriend pick them up and drive then the rest of the way. he wants to do this because his father is coming up to visit him and he has never met our girls. his father is not a very safe person and did things that he shouldnt have while on meds like drink and smoke pot while he was visiting when his son and i got married. my ex told me that his father has been sober for the last 5 years which i know is a lie. my ex and his girlfriend went out and were drinking recently and they were in a really bad car accident where she received spinal injuries. she was driving and i know she was givin a rather large fine that she is unable to pay. since she is the one driving can i find out if her lisence is valid and if so how

2007-03-25 17:41:21 · 4 answers · asked by Anonymous

ok a while back a go this guy came to my door and said that i had hit his car because the marks on my burban and his car match up. me knowing that there has been posibility that it could have been cuz the guy always parked right in front of my drive way across the street and the suburban have a wide turn radias that is the chance that i can get close. so with there be a posibility i desided to work with the guy. he gave me an estamate from the body place and i thought was to much and not worth it so he told me to give him some places to go but he didnt like my ideas and he was set with what he came up with. me being a kid in high school and only having a part time job i would be able to do any thing. at first my father didnt want it to go to insurance but the guy got inpatient and wanted the insurance to take care of it. but the insurance company declined him and he wants some thing done and i told him no. so now he wants to take me to court what do i do

2007-03-25 17:39:12 · 5 answers · asked by Zane M 1

I was wondering if it is bad to shoot a criminal

2007-03-25 17:33:32 · 6 answers · asked by grace. 3

The argument is that drugs are bad for society as a whole, therefore they should remain ilegal; almost like a public safeguard. On the other hand, some people feel that drugs should be legalized for the so called "free rights of the public." In addition to that, people think that the money being used to get rid of drug cartels etc. would have better use elsewhere... of course the people who use them want to use them 'freely' too so they're for it.... What do you think and why?

2007-03-25 17:32:59 · 6 answers · asked by Anonymous

... you found yourself in America, convicted of a murder you did not commit. Your head has been shaved and they are just about to kill you with massive jolts of electricity.

Do you support the death penalty now?

2007-03-25 17:19:56 · 26 answers · asked by Bob Danvers-Walker 4

I received this in my Yahoo mail. Thing is I have dealt a great deal with BMW. I have given them information. Yes I know that this is a hoax but was just wondering what everyone in this community makes of it. Well here is the message.

BMW Lottery Program------You are the Winner of a BMW Series M Sport.

I was just wondering how many others also received this "exclusive" prize?

2007-03-25 17:19:07 · 7 answers · asked by eshamn 3

It seems that under most circumstances, medical practitioners are required to uphold doctor-patient confidentiality. However, I wonder if this is also true for counselors or therapists who are licensed in their field but who are not actually medical doctors (psychiatrists)? Are they also ethically, or legally, bound to respect patient confidentiality?

2007-03-25 17:09:01 · 7 answers · asked by KW 3

I've actually heard this is true. Supposedly, you are still drunk or whatever.

2007-03-25 17:06:02 · 11 answers · asked by ringshank1980 2

This is in regard to a case in Texas where a man was accused of killing a little girl without evidence to support- everything was circumstantial. The girl died in her sleep and several months later, toxic black mold was found in her home. Her home was eventually evacuated and quaratined. With the research I have done online about the molds, I think that there is reason to at least offer a new trial.
I do not have a personal connection to the case, but I ran across it while doing research on a different case where an innocent man spent twelve years on death row- convicted in the same county.
Do people really write letters to the governor?

2007-03-25 16:55:56 · 3 answers · asked by texasgirl5454312 6