Petition For Writ Of Habeas Corpus And Emergency Return Of Child Texas: Fill & Download for Free

Whenever I see questions like this about States' rights (or a reduced national government) I wonder if the questioner was aware of the state of the nation under the Articles of Confederation.Under that construct, the States called the shots, and the Federal government was feckless. It had no national judiciary, no power to tax, and effectively no military force. As such, it was also broke (because it had no national currency or international credit), no way to resolve disputes between States, and no way to suppress revolts that cropped up from time to time.The situation was untenable, so the Founding Fathers changed it. In fact, the State-centric Articles of Confederation were so bad, they ignored the provision that it could only be changed unanimously and set the 3/4 threshold for ratifying the new Constitution.The US operates under National Compact 2.27.So because OP is light on details, I have to ask the follow up question: Which national powers need to be reverted back to the States? What precisely is the Federal government doing that impedes the States from running themselves?Is it the Supreme Court's incorporation of the Bill of Rights? Okay, we'll go ahead and roll back Court decisions about the applicability of the Bill of Rights on the States to the Slaughterhouse Cases (1873) and say that the Constitution only requires the States to not interfere with people's rights to:peaceably assemble and petition for redress of grievancesthe privilege of the writ of habeas corpuslife, liberty, or property without due process of lawequal protection of its laws[W]ith the exception of these and a few other restrictions, the entire domain of the privileges and immunities of citizens of the States . . . lay within the constitutional and legislative power of the States, and without that of the Federal government. For not only [would] these rights [be] subject to the control of Congress whenever, in its discretion, any of them are supposed to be abridged by State legislation, but that body may also pass laws in advance, limiting and restricting the exercise of legislative power by the States . . . as in its judgment it may think proper on all such subjects. And still further, such a construction . . . would constitute this court a perpetual censor upon all legislation of the States, on the civil rights of their own citizens, with authority to nullify such as it did not approve as consistent with those rights.[T]hese consequences are so serious, so far-reaching and pervading, so great a departure from the structure and spirit of our institutions . . . [we] are convinced that no such results were intended by the Congress which proposed these amendments, nor by the legislatures of the States which ratified them.-Slaughterhouse Cases, 83 US 77-78 (1873)We'll make sure it stays this way and strictly read Article III of the Constitution (or subsequent legislation by Congress) to be clear that the Supreme Court's rulings shall have no impact on the States - unless the controversy involves one of the aforementioned rights.So States start amending their Constitutions to enumerate and clarify their rights as they see fit. Maybe there's some rollback, maybe there isn't, but it could certainly be a blow for advocates of same-sex marriage, protections against unreasonable search and seizure, and prohibiting religion in public schools.But maybe that's not so bad. People could just move to more politically agreeable States.So what other power grabs has the Federal government made that impact the States?After the Supreme Court, I hear a lot about Congress' excessive use of the Commerce Clause to screw the States, so let's rule all of those unconstitutional (because we didn't take away the Supreme Court's judicial review powers) and reverse the Supreme Court's rulings that permitted the practice to get out of hand.Here's a sample of the laws that are now thrown out the window:Civil Rights Act of 1964Fair Labor Standards Act (ie, minimum wage, 40-hour work week, child labor prohibitions)National Labor Relations ActOccupational Safety and Health ActAny power of the Food and Drug Administration to regulate food safety if that food that did not cross state lines.Most environmental laws, as they regulate intrastate activities that "substantially affect commerce" but are not, strictly speaking commercial activities.Well, maybe America won't go back to discriminating against people based on their race, but we've now compromised a lot of Americans' food supplies and stripped most of employment protections. So working in the US just got a lot worse.But maybe that's not so bad. People could just move to States which preserve employment protections.What else has the Federal government done to restrict States' ability to govern themselves? Well, the last, non-conspiracy-esque rationale I usually hear has to do with taxation. Some States' citizens are paying more in taxes than they get back from the Federal government, and wouldn't it be nice if the States could keep that money for themselves?Okay, we'll abolish Federal income and payroll taxes and give that money back to the States. That only gets rid of 45% of the Federal government's expected revenues.Given the recent debt ceiling battles and this proposed reduction of Federal authority it's unlikely that those $1.38 trillion will be made up in debt, we're going to have to close some agencies.What can we keep open with $1.65 trillion in revenue and, say, $800 billion in borrowing?Almost nothing.Every dime of it would have to go to mandatory expenditures on Medicare, Medicaid, Social Security (which have all remained Constitutional under the "General Welfare" power), and interest on the debt. Whatever was left would almost surely go to the Departments of Defense and Homeland Security - maybe State to maintain our foreign presence.So most of the discretionary, domestic programs of the Federal government have closed, probably forever, but the States got all that money back! Surely they'd spend it for the welfare of their citizens. All those local VAs and EPAs and housing authorities and transportation departments will run great - better, even! - with all that new revenue.Right?

Thanks Ms. Kritika for R2AA law can be challenged on being unconstitutional before High Court of a State or Supreme Court of India.The writ can be under Article 226 before High Court and r/w Article 32 when before SC, while challenging as violative of Fundamental Rights. A sample writ petition is given in the link at Ernst if answer.Im quoting a very nice write-up from following website and I have given link below:File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in IndiaTypes of Writs In Indian ConstitutionBy Ajay c | Views 139895whatsapp Blogger googleplus DiggThe supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo warranto , mandamus , certiorari ,prohibition etc., under Arts. 32 and 226 respectively. These writs have been borrowed in India from England where they had a long chequered history of development and consequently have gathered a number of technicalities. Power to issue writs is primarily a provision made to make available the Right to Constitutional Remedies to every citizen . The right to constitutional remedies as we know is a guarantor of all other fundamental rights available to the people of India. In addition to the above , the constitution also provides for the parliament to confer on the supreme court power to issue writs , for the purpose other than those mentioned above. Similarly High courts in India are also empowered to issue writs for the enforcement of any of the rights conferred by Part III and for any other purposeTypes of Writs:There are five types of writs –Habeas corpus , Quo warraranto , Mandamus , Certiorari and ProhibitionCertiorari and ProhibitionThese writs are designed to prevent the excess of power by public authorities . Formerly these writs were issued only to judicial and quasi-judicial bodies. Certiorari and Prohibition are regarded as general remedies for the judicial control of both quasi judicial and administrative decisions affecting rights.‘Certiorari’is a latin word being passive form of word “certiorari” meaning inform . A writ of certiorari or a writ in the nature of certiorari can only be issued by the Supreme court under Art. 32 and a High court under Art. 226 to direct , inferior courts , tribunals or authorities to transmit to the court the record of proceedings disposed of or pending therein for scrutiny , and , if necessary , for quashing the same . But a writ of certiorari can never be issued to call for the record or papers and proceedings of an Act or Ordinance and for quashing such an Act or Ordinance.Certiorari under Art. 226 is issued for correcting gross error of jurisdiction i.e. when a subordinate court is found to have acted (1) without jurisdiction or by assuming jurisdiction where there exists none , or (2) in excess of its jurisdiction by over stepping or crossing the limits of jurisdiction or (3) acting in flagrant disregard of law or rules of procedure or acting in violation of principles of natural justice where there is no procedure specified and thereby occasioning failure of justice.A writ of prohibition is normally issued when inferior court or tribunal (a) proceeds to act without jurisdiction or in excess of jurisdiction (b) proceeds to act in violation of rules of natural justice or (c) proceeds to act under a law which is itself ultra vires or unconstitutional or (d) proceeds to act in contravention of fundamental rights.THANKS TO:http://www.legalserviceindia.com/legal/article-68-types-of-writs-in-indian-constitution.htmlhttps://clpr.org.in/wp-content/uploads/2018/08/WRIT-PETITION-Revised-and-Formatted-Draft-7.7.2016-2.docx

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