My question involves criminal law for the state of: PA
Does the Federal Law preempt State Law if it involves Express Preemption and also Implied Preemption?
Printable View
My question involves criminal law for the state of: PA
Does the Federal Law preempt State Law if it involves Express Preemption and also Implied Preemption?
Since you are from PA, I have a case in my notes on a PA statute and pre-emption. This case concerns Alien and Sedition Acts, but offers guidance on the general topic.
1. The scheme of federal regulation is so pervasive as to make reasonable the inference that the Congress left no room for the States to supplement it. Pp. 350 U. S. 502-504.
2. The federal statutes touch a field in which the federal interest is so dominant that the federal system must be assumed to preclude enforcement of state laws on the same subject. Pp. 350 U. S. 504-505.
http://supreme.justia.com/us/350/497/case.html
As far as "wiretap", I am assuming you do NOT simply mean recording a telephone call, but "bugging" a person's phone.
Here are the laws on such, according to this webpage:
http://www.callcorder.com/phone-reco...aw-america.htm
Here is another case I have in my notes about Federal pre-emption, BUT it involves TORT law, not criminal law, however, it may offer some guidance also.
Held: The FBSA does not pre-empt state common-law claims such as petitioner's. Pp. 56-70.
(b) The FBSA does not expressly pre-empt petitioner's common-law tort claims. Section 10's express pre-emption clause-which applies to "a [state or local] law or regulation"-is most naturally read as not encompassing common-law claims for two reasons...
http://supreme.justia.com/us/537/51/case.html
Well,
After all this time, State Representative Mario Scavello told me that I would not be charged with this under Federal Law.
Brief Background:
I own a website/discussion board, such as this one. The Officials did not like what I said on my website. I was convicted of recording a call without any criminal or tortious intent involved.
As of this date, the President Judge and subordinate Judges have ruled against me in various cases while violating the law, violating rules of court, denying me the right of an Attorney, denying me the right to object and various other autrocities. The PA Judicial Conduct Board dismissed two valid judicial misconduct complaints with documented evidence and the PA Courts are not open to Pro-Se litigants.
The continuing tort is evident. I was arrested last September bt the PMRPD for trying to take my daughter to the Emergency Room for Abdominal Pains.
I was denied the right of Appeal in another case by the Judges changing docket numbers and the massive court errors. The Superior Court affirmed the lower court's ruling even though there was no ruling in that case.
I continue to suffer on a daily basis.
The PA Supreme Court Prothonotary told me the they "Do not have to follow Federal Law"
My web address is:
http://www.ourpoconocommunity.com/
and my Bulletin Board is:
http://www.ourpoconocommunity.com/phpBB3/
They all conspired to violate my 1st Amendment right of Freedom of speech and the redress of Gov't "through other means"
The only thing I did was to record a conversation.
Please check out this site and please give me your opinion. I am taking the Commonwealth to Federal Court and suing these Judges for violating their oath. According to US Supreme Court decisions, these Judges have lost their immunity for their unlawful acts.