Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

can you explain about the formulation of our states breifly

and how the grant and...
can you explain about the formulation of our states breifly and how the grant and limitation of power through the state constitutions are given to corporate municipality's that create law enforcement that police the people?
Show More
Show Less
Ask Your Own Legal Question
Answered in 13 hours by:
7/19/2013
Fran-mod
Category: Legal
Satisfied Customers: 48
Verified
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Ask Your Own Legal Question
Customer reply replied 4 years ago

ill wait


Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Ask Your Own Legal Question
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
Verified
Hello,

Customer service asked me to review your question. I'm unclear on your question. Is your goal is to show that a municipal police force is not constitutionally permitted (or visa versa). It will help me focus my answer, if I understand the purpose of the question.

Thanks in advance.
Ask Your Own Legal Question
Customer reply replied 4 years ago

im trying to understand were it all ties together, constitutions are the voice of the people the organic law of the land. municipal corporations are created by a charter, and in the charter the creation of their law enforcement but as we the people are concerned the the government is created by the people and for the people. the people are primordial to government. when the organic law is established it is the constitution of that state, however; when the municipalities are created by a grant of the state constitution a barrier is created between the organic law of the people, example are we ohioins of the state govern by our constitution or are we the citizens of the municipality govern by the color of law

Okay, thanks. I'm going to steer clear of any argument favoring one view or another. Instead, I will objectively cite the law of the State of Ohio, and let you draw your own conclusions about whether or not it fits within your notions of justice. Otherwise, we will end up in a moral argument, and morality (right and wrong) is for the People through their elected representatives (or by revolution) to decide.

That said, Section 3 of Article XVIII of the Ohio Constitution provides:

"Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws."

In City of Columbus v. Teater,XXXXX 2d 253 (OH 3/29/1978), the Ohio Supreme Court writes: "The police power[2] and the power of local self-government are constitutional grants of authority equal in dignity. The state may not restrict the exercise of self-government within a municipality. Furthermore, a municipality may exercise the police power within its borders. However, the general laws of the state remain supreme in the exercise of that power, even if the issue is one which might also be a proper subject of municipal legislation. Canton v. Whitman (1975),XXXXX 2d 62, 66, 337 N. E. 2d 766, appeal dismissed, 425 U. S. 956 (1976)."

I think that the above covers your question, as asked. Once again, I ask that we not get into a discussion of whether or not the above-stated principles are right or wrong, good or bad, moral or immoral. The opinions announced by the Ohio Supreme Court are the law of the State, and unless you intend to have those laws changed through legislative enactments, constitutional convention, or overthrow of the government, then good or bad, the law "is what it is."

Please let me know if I can be of further assistance.
Ask Your Own Legal Question
Customer reply replied 4 years ago

so if there is a conflict between city ordinance and state statute the state statute reins supreme i.e. it must follow state statute?

That's what the Ohio Supreme Court says, so that's the law. It's also the law of every other state and the law of the federal government, as well. So, Ohio is operating under the fundamental doctrines of constitutional interpretation, as evolved by the courts of the USA since the founding of the nation.

Hope this helps.
Ask Your Own Legal Question
Customer reply replied 4 years ago

when a city is created by way of a charter is it the state that authorizes it

This is a new question. You are asking about statutory, not constitutional law.

Website policy requires that you open a new Q&A session for your new question.

Thanks for your understanding and cooperation.
Ask Your Own Legal Question
Customer reply replied 4 years ago

well its in line with what i as asking you about are we ohioins or citizens of the city this is the reason i ask you about the charter. example black law defines charter as such:


An


instrument by which a municipality is incorporated, specifying its organizational structure and its
highest laws; specif., a written document making the persons residing within a fixed boundary,along with their successors, a corporation and body politic for and within that boundary. so is there another form of citizen being created there also other than a state citizen?

Actually, upon further research, I find that the Ohio Constitution, Art. XVIII, Sec. 7, provides: Any municipality may frame and adopt or amend a charter for its government and may, subject to the provisions of Section 3 of this article, exercise thereunder all powers of local self-government.

So, in fact, the issue is of Constitutional magnitude. That's actually a surprise to me, but, I learn something new every day.

Note: While Black's Law Dictionary is indisputably the de facto lexicon of legal language in the English-speaking world, it is not a substitute for the actual and dispositive law of a jurisdiction. Using a law dictionary is good place to start research. It is rarely, if ever the final arbiter of a legal concept -- unless a court of the jurisdiction has given a particular dictionary definition legal precedent.

Hope this helps.


Ask Your Own Legal Question
Customer reply replied 4 years ago

im still a bit confused article 2 section 1f articulates :

§1f The initiative and referendum powers are hereby reserved to the people of each municipality on all questions which such municipalities may now or hereafter be authorized by law to control by legislative action; such powers shall be exercised in the manner now or hereafter provided by law.

and in your opinion which are viewed as dejure law dictionary

Can you please ask a specific question? I don't understand what you find confusing.
Ask Your Own Legal Question
Customer reply replied 4 years ago

that the power to initiate and referendum is with the people on what they control by legislative action but you said


"Actually, upon further research, I find that the Ohio Constitution, Art. XVIII, Sec. 7, provides: Any municipality may frame and adopt or amend a charter for its government and may, subject to the provisions of Section 3 of this article, exercise thereunder all powers of local self-government."


so can the city just change as they please or is it vested in the people? i know you didnt say it you quoted from ohio constitution.

I don't see any inconsistency between the two constitutional provisions. A municipality can use a legislative regime to modify its charter (assuming that the charter permits this), such as through its elected council members, or its citizens can use the initiative or referendum process.

Hope this helps.
Ask Your Own Legal Question
Customer reply replied 4 years ago

in your opinion which are viewed as dejure law dictionary

If you mean, which dictionaries are typically used by Ohio appellate courts, for various purposes, then see State v. Chappel, 2008-Ohio-6416, 149 Ohio Misc.2d 80 (2008), fn. 100-104.

Hope this helps.
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
Experience: Retired
Verified
socrateaser and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Does it constitute breech of contract when, The party of the
Does it constitute breech of contract when, The party of the first part and the party of the second part sign a contract, then, without the knowledge of the party of the second part, the party of the … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Can leaving a note on someone's windshield constitute
Can leaving a note on someone's windshield constitute vandalism as long as the note does not get stuck and cause damage?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
In the state of PA, what constitutes felony 3 criminal
Hello. In the state of PA, what constitutes felony 3 criminal tresspassing? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Does a Union Hearing constitute Legal Process??....Civil
Does a Union Hearing constitute Legal Process??....Civil cases in Illinois have a 5 year Statute of Limitation!!...Does a Union Hearing count as a CIVIL PROCEDURE in Breach of CONTRACT?? … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,848 satisfied customers
Our Church is making a change to the Constitution. Where
Our Church is making a change to the Constitution. Where Articles of Faith have been a stand alone document, is now being place into the Constitution. … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I am wondering if it is against constitutional rights for a
Hi I am wondering if it is against constitutional rights for a detention facility to freeze an inmate's commisary account? There is no information that states anywhere that there is a limit to the amo… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Is there ever a med pay deductible on a homeowners policy?
Is there ever a med pay deductible on a homeowners policy? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
If public policy bars a plaintiff from recovering on a
If public policy bars a plaintiff from recovering on a contract, would that be an issue on appeal?… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
This is related to business contracts and what constitutes
This is related to business contracts and what constitutes assignment. Is a transfer of stock (60%) considered an assignment under NY State law? There is not change in the existing company or persons … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What constitutes a conflick- of -interest within a
What constitutes a conflick- of -interest within a non-profit org? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I Need to talk to a constitutional lawyer. In the United
In the United States Constitution says we have a right to regress of grievances, How is that done? … read more
Edward Young
Edward Young
Juris Doctor
150 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Considering US Constitution does not force any official
Considering US Constitution does not force any official language, and that USCIS is a federal organization: - What can one do to have USCIS allow an interpreter for citizenship tests in any language b… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
How does it take for the appellate court to rule on a
How long does it take for the appellate court to rule on a Request for a temporary emergency stay in California ?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,843 satisfied customers
I had an attorney to appeal to appellant court, they denied
i had an attorney to appeal to appellant court, they denied the appeal, then the attorney said he didn't have the time to do the reconsideration, so i filed it pro se , on the 15th day which was timel… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
IN THE APPELLATE COURT UNDER WHAT CIRCUMSTANCES CAN ONE
IN THE APPELLATE COURT UNDER WHAT CIRCUMSTANCES CAN ONE BRING A JUDICIAL NOTICE TO THE COURT'S ATTENTION ? KINDLY LIST. ALSO, IN MY CASE I FOUND THAT IN AN EXAMINATION BEFORE TRIAL A PRINCIPAL OF THE … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x