Constitutional Question

[icreepin]

Is there an article in the constitution or anything in any of the constitution that allows the federal or state government to pass a law which takes away the rights of a citizen of the united states?

 

[Ohiogal]

Is there an article in the constitution or anything in any of the constitution that allows the federal or state government to pass a law which takes away the rights of a citizen of the united states?

The absence of any article preventing that allows for it. "Rights" are taken away from citizens all the time -- after due process.

 

[PayrollHRGuy]

The Third, Fourth & Fifth Amendments to the US Constitution (and likely others) allow for loss of certain rights under certain circumstances.

 

[cbg]

Specifically which rights are you concerned about? That might help narrow things down.

 

[LdiJ]

Is there an article in the constitution or anything in any of the constitution that allows the federal or state government to pass a law which takes away the rights of a citizen of the united states?

We are going to have to know the context of your question to be able to answer it. Are you just talking about taking away certain rights, and if so what rights are you talking about? Or are you talking about taking away their citizenship entirely, or are you talking about something else?

 

[Mass_Shyster]

The text of the constitution does not specifically allow it, but the Supreme Court has repeatedly held that rights can be taken.

Heller v DC is an excellent read if you want to do some research on the issue.

 

[PayrollHRGuy]

The text of the constitution does not specifically allow it, ...

Sure it does.

 

[Whoops2u]

I believe the answer /u/icreepin's teacher is looking for is in Article V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

 

[quincy]

Are you located in the US, icreepin? If so, what state?

Is this a homework question or do you have a specific legal issue? If the latter, some details might help us help you.

 

[cbg]

If it's a homework question, I'm out.

 

[Just Blue]

OP has another thread and lists Ohio as the state.

 

[adjusterjack]

The text of the constitution does not specifically allow it, but the Supreme Court has repeatedly held that rights can be taken.

Heller v DC is an excellent read if you want to do some research on the issue.

Agreed. As is McDonald v Chicago

They upheld the individual's right to keep and bear arms while still allowing for reasonable regulation of firearms.

 

[PayrollHRGuy]

But in both case the right wasn't taken away as the OP originally asked. Limited but not taken away.

Also, let's not forget the 18th Amendment.

 

[FlyingRon]

 

[Taxing Matters]

Is there an article in the constitution or anything in any of the constitution that allows the federal or state government to pass a law which takes away the rights of a citizen of the united states?

It depends on what rights you have in mind. Rights that are granted by the U.S. constitution may only be taken away or modified by amendment of the Constitution. Rights conferred in federal statutes may be taken away by repealing or amending the statute granting those rights. Rights granted by a state similarly can be taken away or modified by amending the source granting those rights (the state constitution or state statute as applicable). Those state rights also could be removed by a federal constitutional change or by federal statute since federal law overrides state law.