How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zachary Your Own Question

Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
Zachary is online now
A new question is answered every 9 seconds

what is the US law baring the federal government of intruding

Resolved Question:

what is the US law baring the federal government of intruding on your private property rights

Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
There are several laws which prohibit this. The most important are:

The Third Amendment to the United States Constitution which states:

"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."

This prevents the government from using your property without your consent.

The Fourth Amendment to the United States Constitution which states:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

This prevents the government from coming onto your property or seizing your property without probable cause.

The Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

This means you cannot have your property taken without just compensation and without there being a legal proceeding where you are given your right to protest and have the right to a trial.

Section 1 of the 14th Amendment, which states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

This means that the state government cannot take your property without proving they are entitled to it in a court of law pursuant to fair law and without giving you compensation.

These are the basic laws which protect your property rights. Please let me know if you have further questions. Please also rate my answer positively as I am not compensated by the website for my work on your question until you do.

Thanks,
ZDN


Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

If I am reading this correctly, would the civil rights law of 1964 stand null and void? After all the federal government in intruding into a private contract of a legal establishment. This in turn causing racial and gender divide even greater, because now it is no longer based off of ability, but rather tax appeasement and bureaucracy.

Expert:  Zachary replied 1 year ago.
I'm not sure what you mean by that, but I can guarantee you that the above-cited law in no way renders the 1964 Civil Rights Act null and void. Rather, that Act is fully supported by the Bill of Rights, including and specifically the 13th and 14th Amendments.
Customer: replied 1 year ago.

I know the civil rights law is good, but I was reading it and it looked to me the government can punish you for not hiring minorities. I also read Ron Paul's vote agents the Civil Rights Act. here is the link


http://www.ronpaul.com/on-the-issues/civil-rights-act/


This made go back and re-read the constitution and look and see if it was legal for the government to enter into a private practice.


I am looking into this because I have to write a paper for school and I want to know the law and how it works.

Expert:  Zachary replied 1 year ago.
The Civil Rights Act is based on the Commerce Clause in the constitution and has been held to be constitutional. However, there are some limitations to its extension to private citizens and business.

What you need to read is the Supreme Court's decisions on the CRA:

http://en.wikipedia.org/wiki/Heart_of_Atlanta_Motel_v._United_States - held the act to be constitutional

http://en.wikipedia.org/wiki/Pittsburgh_Press_Co._v._Pittsburgh_Commission_on_Human_Relations

http://www.law.cornell.edu/wex/civil_rights
Customer: replied 1 year ago.

Thank you for all the help! I don't want to be the low information voter, so I am trying to understand these laws to the best of my ability. Thank you again!

Expert:  Zachary replied 1 year ago.
Good for you.

Just understand that Ron Paul has a fundamental disagreement with the US Supreme Court's reasoning on the Civil Rights Act. He sees it as an improper extension of federal power that is not supported by the constitution.

However, this does not change the fact that his position is universally rejected by legal scholars and constitutional attorneys. The Supreme Court's job is define what is and what is not Constitutional. They have found that the Civil Rights Act is in fact Constitutional.

Good Luck,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 15 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.