Constitutional Rights in Emergency Times by Attorney Steve®

http://www.AttorneySteve.com

In this exciting episode of Litigation Whiteboard® Attorney Steve® gives an overview of federalism and discusses possible sources of legal "rights" (aka individual rights) and how these rights might be circumscribed in times of emergency. NOTE on 9th Amendment. Some argue that since those rights are reserved to the people that are not granted to the federal government that the Declaration of Independence should set forth additional rights (ex. the right to life, liberty, and pursuit of happiness).

UNITED NATIONS DECLARATION OF HUMAN RIGHTS ARTICLE 23: (right to work and protection against unemployment): https://www.humanrights.com/course/lesson/articles-19-25/read-article-23.html. Note: this treaty is NOT self-executing but here are some good legal scholarly articles on this point and whether a civil rights claim is appropriate:

1. Bringing a civil rights claim in 9th Circuit. https://www.ca3.uscourts.gov/sites/ca3/files/4_Chap_4_2014_fall.pdf

2. Meddelin vs. Texas hurdle - https://www.lclark.edu/live/files/3451

3. NOT Self-executing argument for private right of action: https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1099&context=yjil

REMEMBER, RIGHTS ARE SOMETHING THAT PEOPLE HAVE, BUT HAVE TO FIGHT FOR. Make sure to SUBSCRIBE to our legal channel. We hope you enjoy this general constitutional law overview.