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Hot Topic (More than 10 Replies) Can a state violate the US Constitution when aplying its own Constitution? (Read 236 times)
Country_hick
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Can a state violate the US Constitution when aplying its own Constitution?
09/16/17 at 23:35:34
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In 2017 Maine's Supreme Court in State v Chase violated the U.S. Constitutions equal protection and due process clauses.

They currently apply 2 irreconcilable standards to Me. Const. Art. 1 Section 20. For traffic tickets trial by jury is denied until we can prove a similar trial had a jury in 1819 before Maine left Massachusetts. Trial by jury is mandated for other civil suits unless the state proves a similar trial was denied a jury in 1819. We can not tolerate this unequal treatment by Maine's Courts. We can not allow justices to violate their oath of office and the US Constitution.

If justice exists in Maine all 7 Justices must be impeached for refusing to apply the U.S. Constitutions equal protection requirements.

Here are the details.
https://www.facebook.com/dan.chase.792/posts/1190059507804334


The Maine Supreme judicial Court has demonstrated that the foundation used in State v. Anton was overturned which thereby overturned and invalidated that entire case as shown by: Godin v. Schencks, 629 F. 3d 79 - Court of Appeals, 1st Circuit 2010, In re Shane T., 544 A. 2d 1295 - Me: Supreme Judicial Court 1988, N. SCH. CONGREGATE HOUSING v. Merrithew, 558 A. 2d 1189 - Me: Supreme Judicial Court 1989, Smith v. Hawthorne, 2006 ME 19 - Me: Supreme Judicial Court 2006, City of Portland v. DePaolo, 531 A. 2d 669 - Me: Supreme Judicial Court 1987.

That does not matter as shown in:

State v. Chase, 2017 ME 43 - Me: Supreme Judicial Court 2017
[¶5] Chase challenges the court’s denial of his request for a jury trial in this traffic matter as a violation of Me. Const. art I, § 20, which provides that, “[i]n all civil suits, . . . the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practiced.” We have held that neither the Maine Constitution, nor any other authority, requires that a jury trial be available in a traffic matter. State v. Nugent, 2002 ME 111, ¶ 3, 801 A.2d 1001 (“[T]here is no civil jury trial right for traffic infraction proceedings afforded by article I, section 20 of the Maine Constitution . . . .”); State v. Arnheiter, 598 A.2d 1183, 1185-86 (Me. 1991); State v. Anton, 463 A.2d 703, 708-09 (Me. 1983); see M.R. Civ. P. 80F (setting out the procedure for traffic proceedings, and providing for only a nonjury trial in the District Court). Indeed, pursuant to 29-A M.R.S. § 103(2) (2016), “There is no right to trial by jury for a traffic infraction.” Thus, the court did not err by denying Chase’s jury trial request  Angry



I can see no legal justification for having 2 completely opposite ways of applying the same Constitutional article. This must be a violation of equal protection and due process as required by the U.S. Constitution.

Is there really any hope left when the states highest Court violates it duty to apply both the State of Maine Constitution and the U.S. constitution?
  
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|Glitch|
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #1 - 10/17/17 at 02:39:00
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In Baldwin v. New York, 399 U.S. 66 (1970) the Supreme Court held that juries can be denied in cases involving "petty crimes."  Meaning, cases that involve only fines and no jail time.  If the crime could involve jail time, or the "loss of liberty," even if it is a misdemeanor, then a jury trial cannot be denied.
  
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #2 - 10/17/17 at 16:14:29
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Country_hick wrote on 09/16/17 at 23:35:34:
In 2017 Maine's Supreme Court in State v Chase violated the U.S. Constitutions equal protection and due process clauses.

They currently apply 2 irreconcilable standards to Me. Const. Art. 1 Section 20. For traffic tickets trial by jury is denied until we can prove a similar trial had a jury in 1819 before Maine left Massachusetts. Trial by jury is mandated for other civil suits unless the state proves a similar trial was denied a jury in 1819. We can not tolerate this unequal treatment by Maine's Courts. We can not allow justices to violate their oath of office and the US Constitution.

If justice exists in Maine all 7 Justices must be impeached for refusing to apply the U.S. Constitutions equal protection requirements.

Here are the details.
https://www.facebook.com/dan.chase.792/posts/1190059507804334


The Maine Supreme judicial Court has demonstrated that the foundation used in State v. Anton was overturned which thereby overturned and invalidated that entire case as shown by: Godin v. Schencks, 629 F. 3d 79 - Court of Appeals, 1st Circuit 2010, In re Shane T., 544 A. 2d 1295 - Me: Supreme Judicial Court 1988, N. SCH. CONGREGATE HOUSING v. Merrithew, 558 A. 2d 1189 - Me: Supreme Judicial Court 1989, Smith v. Hawthorne, 2006 ME 19 - Me: Supreme Judicial Court 2006, City of Portland v. DePaolo, 531 A. 2d 669 - Me: Supreme Judicial Court 1987.

That does not matter as shown in:

State v. Chase, 2017 ME 43 - Me: Supreme Judicial Court 2017
[¶5] Chase challenges the court’s denial of his request for a jury trial in this traffic matter as a violation of Me. Const. art I, § 20, which provides that, “[i]n all civil suits, . . . the parties shall have a right to a trial by jury, except in cases where it has heretofore been otherwise practiced.” We have held that neither the Maine Constitution, nor any other authority, requires that a jury trial be available in a traffic matter. State v. Nugent, 2002 ME 111, ¶ 3, 801 A.2d 1001 (“[T]here is no civil jury trial right for traffic infraction proceedings afforded by article I, section 20 of the Maine Constitution . . . .”); State v. Arnheiter, 598 A.2d 1183, 1185-86 (Me. 1991); State v. Anton, 463 A.2d 703, 708-09 (Me. 1983); see M.R. Civ. P. 80F (setting out the procedure for traffic proceedings, and providing for only a nonjury trial in the District Court). Indeed, pursuant to 29-A M.R.S. § 103(2) (2016), “There is no right to trial by jury for a traffic infraction.” Thus, the court did not err by denying Chase’s jury trial request  Angry



I can see no legal justification for having 2 completely opposite ways of applying the same Constitutional article. This must be a violation of equal protection and due process as required by the U.S. Constitution.

Is there really any hope left when the states highest Court violates it duty to apply both the State of Maine Constitution and the U.S. constitution?


    Unfortunately you'd have to go Federal courts, even up to the US Supreme court.  You'd probably win but it'd take a long time, lots of money, and would consume your life.
  
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #3 - 10/17/17 at 17:01:16
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And that is what they intended all along.
  

"When seconds count, the cops are just minutes away." #DestroytheFakeMedia!
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #4 - 10/23/17 at 10:01:45
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SurroundedByLiberals wrote on 10/17/17 at 16:14:29:
    Unfortunately you'd have to go Federal courts, even up to the US Supreme court.  You'd probably win but it'd take a long time, lots of money, and would consume your life. 

There is a simpler option.

I went to the FBI and DOJ. I filed charges against all 7 Maine Justices. They have violated my federally recognized civil rights. They have committed acts of sedition against the United States by refusing to accept the legal requirement to apply the equal protection and due process clauses in Maine. They violated the following federal statutes. I am positive this is also a RICO action but can not see any federal judge applying RICO statutes against another judge or justice.

18 USC § 241: If two or more persons conspire to injure, oppress, threaten, or intimidate any person...in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same... They shall be fined under this title or imprisoned not more than ten years, or both.


18 U.S. Code § 245 - Federally protected activities; (b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with (1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from (B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States (E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance


18 U.S. Code § 2384 - Seditious conspiracy: If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States...oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States...they shall each be fined...or imprisoned not more than twenty years, or both.

Black's law dictionary 718 (9th ed. 2009) Force. force, vb. (14c) To compel by physical means or by legal requirement <Barnes used a gun to force Jillian to use her ATM card> <under the malpractice policy, the insurance company was forced to defend the doctor>.


Article XIV, Section 1, United States Constitution: 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.


Article V, United States Constitution: No person shall be deprived of life, liberty, or property, without due process of  law.

I showed the 2 statutes above to a federal representative. These statutes should be applicable to the federal judges that denied Donald Trump's travel ban. This is sufficient cause for both impeachment and imprisonment of those federal judges who violated the presidents rights while acting under color of law.
  
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #5 - 10/23/17 at 11:22:09
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      Hmmm? In theory you've "got 'em."  In the real world you're going to have to do a lot more than go to the FBI or DOJ.  They all sleep together:  it's  You vs. Them.
      Just ask Robert “LaVoy” Finicum, wait!, you can't.  They shot him.  (January 2016)
  
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #6 - 10/24/17 at 13:15:44
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I did more. I presented the above information to a congress man. They want to do something about the 9th circuit judges (and other circuits) that violated Donald Trumps constitutional rights.

I am reasonably sure after the lawyer gets done looking at this information prosecution and/or impeachment for those federal judges will happen.

As I presented some strong assistance that should greatly benefit my congress man they are highly likely to push the FBI and DOJ to look into my state court matter.

I play chess thinking several moves ahead instead of playing checkers making just one move at a time.
  
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #7 - 10/24/17 at 18:58:10
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May the force be with you.     :>)
  
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #8 - 11/11/17 at 17:30:16
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SurroundedByLiberals wrote on 10/17/17 at 16:14:29:
    Unfortunately you'd have to go Federal courts, even up to the US Supreme court.  You'd probably win but it'd take a long time, lots of money, and would consume your life. 

He has no hope of winning since the Supreme Court has already ruled against him on the matter.  States are not required to have jury trials if there is no risk of loss of liberty.  Meaning, if you cannot go to prison for the traffic offense then the State can constitutionally deny you a jury trial.

There are some traffic offenses that could lead to prison, if convicted, like a DUI.  In such cases the State cannot deny you a right to a jury trial.  The basic rule of thumb is, if there is no prison time involved in the offense then no jury is required.
  
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Re: Can a state violate the US Constitution when aplying its own Constitution?
Reply #9 - 11/11/17 at 18:41:17
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|Glitch| wrote on 11/11/17 at 17:30:16:
He has no hope of winning since the Supreme Court has already ruled against him on the matter.  States are not required to have jury trials if there is no risk of loss of liberty.  Meaning, if you cannot go to prison for the traffic offense then the State can constitutionally deny you a jury trial.

There are some traffic offenses that could lead to prison, if convicted, like a DUI.  In such cases the State cannot deny you a right to a jury trial.  The basic rule of thumb is, if there is no prison time involved in the offense then no jury is required.


    He's up against precedence?
  
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