Our government (federal and state) seem to use the constitution only when it is in their best interests. As citizens of California, the constitution is ignored when we attempt to apply it to us.
2007-08-22 17:33:58 · 12 answers · asked by King of Turdblossom 2 in Politics & Government ➔ Law & Ethics
Yes, obviously..... and everyone uses the Constitution (state or federal) only when it's in their best interest.
But remember that the federal constitution only protects against specific things -- mostly in Article VI, 6 of the first 8 Amendments, the 14th and 15th and a few others. The rest is just about how the federal govt is supposed to work.
2007-08-22 20:29:08 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
The Constitution is the basis for all laws in the United States. All laws must comply with it.
[THE SUPREMACY CLAUSE Article. VI. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.] Any federal law does trump any conflicting state law
Issues like credit reporting and debt collector abuse are researched by millions of consumers each and every day. Commonly, there is confusion as to whether the law to consider is a state or federal law and which one will finally rule. The Supremacy Clause in the Constitution explains that federal law always trumps state law which means federal always wins if there is a conflict between the two. If there is no conflict then the state law will be used but if there is any question or conflict of the two reading as the same, then the federal rule would win.
2007-08-22 17:48:27 · answer #2 · answered by Chase W 2 · 2⤊ 0⤋
Yes, the citizens of California are (supposedly) protected by the same Constitution we all live under. But your state plays host to the Ninth Circuit Court of Appeals, arguably the most liberal, insane court in the nation. So the Constitution is regarded as a much more " fluid" document in your part of the country.
2007-08-22 17:46:25 · answer #3 · answered by Anonymous · 3⤊ 0⤋
In fact, Californians are protected far more by your own state constitution than you are by the federal constitution. Medical marijuana is a good example: Under federal law it is illegal, but in California, the state shields people who use it under state law.
Nevertheless, if you read some court opinions for the Calif. circuit, I'm sure you'll find that the U.S. constitution is being duly applied as well.
2007-08-22 17:41:41 · answer #4 · answered by Jason W 5 · 3⤊ 0⤋
All American citizens whether California citizens or any other are protected by the same Constitution. What your saying goes on all over this country not just California.
2007-08-22 17:41:11 · answer #5 · answered by dizzymom 4 · 1⤊ 2⤋
The best example of Californians constitutional rights being ignored was when the government banned and seized so called assault weapons from law abiding citizens in complete disregard for the 2nd Amendment.
2007-08-22 17:40:01 · answer #6 · answered by Anonymous · 4⤊ 1⤋
Dude, really? Of course we are, but you really have to know the law and especially case law in order to make sure you will be fully protected. Take for example the fact that an officer has a right to stop you if he believes under reasonable suspicion that you were attempting to comitt illegal activity. Now, he does not have to be sure you even did something, he only has to suspect that your movements were suspcious enough, or "malicious" enough to stop you and even search you, if he feels threatened. So, yes we are protected! but, in order to excercise that protection we need education, and that my friend is what is wrong with a lot of us. We refuse to learn, to know, to even change for the better, and that... is the downfault of the poor class.
2007-08-22 17:44:30 · answer #7 · answered by cat lover 1 · 3⤊ 1⤋
As a citizen of California already makes you a US citizen.
The answer is YES
Something to think about if you enjoy philosophy.
http://www.friesian.com/ross/ca40/
2007-08-22 17:39:28 · answer #8 · answered by American Dissenter 5 · 2⤊ 0⤋
Yes, the U.S. Constitution applies even in the People's Republic of California.
And I find it interesting that you don't cite any examples of this in your question. Why is that, I wonder?
2007-08-22 17:37:53 · answer #9 · answered by Citicop 7 · 2⤊ 1⤋
As usual, no facts, no proof, no examples...whatever.
2007-08-22 17:37:33 · answer #10 · answered by Anonymous · 3⤊ 2⤋