Finally! The first of those incarcerated for participating in the January 6th demonstration has petitioned for a writ of habeas corpus. What does this mean? What are the constitutional issues? And why should this important to the American people?
Read MoreYou’ve probably heard about the “ruling” from a U.S. District Court Judge in Florida that “struck down” the CDC’s mask mandate on public transportation. There has been plenty of discussion about what this means, how people have reacted, and the fact that the Biden administration is appealing this decision. What has been lost in most of the conversation is that the judge did not find the rule unconstitutional. What does this fact mean for the American people?
Read MoreWhat can you do when government actors abuse their powers? I’ve talked before about the right to petition the government for a redress of grievance and how the judicial precedent of sovereign immunity violates that right. But what happens when law enforcement or the justice department abuses their prosecutorial powers? How do you seek redress for a malicious prosecution? For years it has been extremely hard to do so, but a recent Supreme Court opinion may balance the scales.
Read MoreThe First Amendment prohibits Congress from passing laws that abridge your right to petition the government for a redress of grievance. Yet not only has Congress ignored that restriction on their actions, but the federal courts have piled on as well. Today, I will look at what the right to petition means, how that has been violated, and what the American people can do about it.
Read MoreImagine your rights are under attack. You seek assistance from those who have sworn to protect you, only to be attacked again. You reach out to what you think is your last hope, only to be rebuffed. Now consider how that must feel, to be abandoned by those who have sworn to protect you.
Read MoreWe all recognize that property can be foreclosed on for failure to pay a tax debt. What happens when the value of the foreclosure is greater than the debt owed? A case out of Michigan, recently appealed to the Sixth Circuit, seeks redress for just such situations. Eight citizens of Oakland County Michigan are suing the county for, among other things, taking property worth far more than the tax debt owed, then not reimbursing them the difference. Is this an illegal taking, or a deprivation of property without due process? Or could it simply be a scheme to defraud both the homeowners and taxpayers of Oakland County?
Read MoreHow can you tell if you have freedom of religion? Is it because of the First Amendment? Does freedom of religion exist because people say so? Does freedom of religion exist if government can decide whether you are properly following the tenants of your religion? A recent case before the Supreme Court asked that very question. Sadly, the court decided not to consider answering it.
Read MoreWith the recent passing of legislation in both the Wisconsin and Nebraska legislatures, the call for a Convention of States is once again in the news. This has brought up a lot of comments and more than a few questions. So what is this Convention of States? What can happen if one is called? And…
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