What is the Law on 'Abuse of authority' in Alabama and What are the Punishments for it?
Abuse of authority refers to agent exercising power which has not been delegated to him by the principal. The United States of America operates as a constitutional republic. This means that any acts committed by officials can only be legitimate if they are consistent. These acts are based on the constitution of the United States of America. The constitution is superior to all statutes that come after it as well as acts of other officials.
One of the fundamental principles of the constitution is that any acts committed by officials which are not derived from the powers delegated to them by the constitution are considered null and void from their inception. They cannot be considered null and void from a point which a court sees them as unconstitutional.
All citizens of America have a duty to obey and enforce legitimate acts from officials. Any conflict among acts can be resolved by enforcing the superior act. If an act of official conflicts with the constitution, the constitution takes priority over the act with the conflict in it. No citizen or judge may decide on what is constitutional and what isn’t. Instead, they may discover what is constitutional and what isn’t. Any citizen who is involved by an official in any activity has a duty to see if the act is constitutional or not. This duty is nondelegable. This is known as a constitutional review. When exercised by a judge in a case, it is known as judicial review.
Citizens Must Step-In
Abuse of authority refers to a larger class of abuse. Officers who conspire with each other to not enforce the law against corruption, which includes violations of constitutional statutes and corruption fall under this category. In addition to these officers, individuals, or groups who make use of the resources of the government as well as the powers that their offices grant them to cover up crimes or protect perpetrators fall under the abuse of authority category. It doesn’t matter if these crimes are committed by officials or by power people who have stepped into a class which is deemed to be above the law, abuse of authority can be invoked.
A part of the United States Constitution states that when officials do not enforce the law, it is the duty of the citizens to take action to see that the laws are enforced. This duty includes replacing these officials with other people who will follow the constitution.
Abuse of Authority Punishments in Alabama
The consequences of abuse of authority vary depending on the severity of the abuse committed by the official. The consequences can range from removal from office to jail time. The constitution of the United States specifies that elected officials who abuse their authority to advance their own interests must be removed from office and replaced by officials who will follow the constitution.
Abuse of authority can be said to take place when a person takes advantage of his Office as well as its powers against another person who is in a situation of dependence or subordination. The draw of this form of abuse is all too real for people in government positions of authority.
In an ideal world, elected officials would be responsible enough to resist the temptations of abuse of authority. While the world is moving to a better place, it is still far from being ideal. This is why it’s imperative that the citizens remain vigilant to ensure that abuse of authority is nipped in the bud when it is detected. Any abuse of an authority which isn’t addressed can quickly turn into a large problem.