LeRoy Nellis

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Tag: constitutional law

  • Greg Abbott’s proclamation against Muslim’s isn’t legal…

    Under 8 U.S.C. § 1189, the Secretary of State — not a governor — has the exclusive authority to designate Foreign Terrorist Organizations (FTOs).States have zero jurisdiction here.No wiggle room.No “Texas exception.” Anything a governor tries to declare in this space is symbolic theater, not enforceable law. CAIR (Council on American-Islamic Relations) is a U.S.…

  • Legal Analysis: ICE Daycare Arrest in Chicago (November 2025)

    1. Jurisdictional Framework a. Federal authority (ICE) ICE (Immigration and Customs Enforcement) operates under 8 U.S.C. § 1357(a), which grants federal immigration officers authority to: Arrest aliens if there is reason to believe they are in violation of immigration law and likely to escape before a warrant can be obtained. Enter non-public premises only with…

  • Legal Argument: The Constitutionality and Legality of Restraint Chair Use in Texas Correctional Facilities

    I. IssueWhether the use of a restraint chair on adult inmates in Texas jails and prisons, as authorized under 37 Tex. Admin. Code § 273.6, comports with constitutional protections against cruel and unusual punishment under the Eighth Amendment, and substantive due process under the Fourteenth Amendment—particularly in cases involving mentally ill or medically vulnerable detainees.…

  • The Legal Voidance of Cash Bonds Upon Rearrest: A Texas and Federal Analysis

    By LeRoy Nellis I. Introduction The institution of bail serves as one of the oldest mechanisms balancing the presumption of innocence with the state’s interest in ensuring a defendant’s appearance at trial. In Texas, as in most jurisdictions, the right to reasonable bail is constitutionally protected under Article I, Section 11 of the Texas Constitution,…

  • Liberty Before Conviction: Constitutional and Human Rights Dimensions of Pre-Trial Detention in the United States

    By LeRoy Nellis LeRoy Nellis is an investigative author and constitutional researcher based in Austin, Texas. Section 1: Abstract Abstract Pre-trial detention represents one of the most profound constitutional tensions in the American criminal justice system—balancing public safety with the presumption of innocence. Though the Eighth Amendment prohibits excessive bail and the Fourteenth Amendment safeguards…