fifth amendment

296 – Spying on American Gun Owners Act

Benjamin Franklin said:

“They who would give up an essential liberty for temporary security, deserve neither liberty or security.”

Yet with the promise of keeping us safe from “gun violence”, “violent extremists”, and “domestic terrorists”, Congress wants you to give up your essential liberty to be free from unreasonable searches. H.R. 5764 is the first step to a writ of assistance against anyone who buys or sells firearms. This has been done before, so why shouldn’t Congress think they can get away with it again?

281 – Due Process Clauses

I’ve been talking a lot recently about the Due Process Clauses in the Fifth and Fourteenth Amendments. Why? Because they seem to be lost in the noise created by the current legal climate. I thought it would be a good time to dive deeper into these two clauses, both so we can understand them and see how often they are violated, even if the judiciary does not.

279 – Eminent Domain or Theft?

Are you familiar with eminent domain? Do you know where that is authorized in the Constitution of the United States? Do you know the requirements and limitations of eminent domain? A recent case out the Supreme Court shows just how dangerous it is for We the People to not know what the Constitution says. According to this court, not only does Congress have the authority to use eminent domain, but to authorize private companies to use that power for their own private gain. Sadly, not only the courts, but most Americans believe that it’s legal.

274 – A California Takings Case

Earlier this year I wrote A Taking, or Not A Taking, that is the Question about the oral arguments in the case of Cedar Point Nursery v. Hassid. The Supreme Court has rendered its opinion, so now is the time for a review. If you’ve read many of my case reviews you probably won’t be surprised that the court came to the right answer but for the wrong reasons.

263 – A Taking, or Not A Taking, that is the Question

A case recently argued before the Supreme Court asks the question, what is a taking under the Fifth Amendment to the Constitution? This is not simply a case of eminent domain, but the power of the state to take control of private property. And since this case comes out of California, you shouldn’t be surprised that it is a tangled mess that brought it to the Supreme Court. But the opinion in this case will impact more than just California residents, it could be used as justification for both state and federal governments to deprive you of your property rights and give them to a favored voting block.

253 – Congressional Speech Police

Did you hear about the representatives who pressured cable providers to stop hosting news outlets they don’t like? No, that isn’t the straight line to a joke, it’s real life. And if we aren’t careful, it’s free speech in America that will become a joke.

205 – James Madison on Property

I’ve talked a lot lately about the protections of our rights, including life, liberty, and property. Yet most Americans have a very limited view of their property. So I thought this would be a good time to review James Madison’s opinion on the subject.

188 – Why is Jury Duty so Important?

After all my recent articles dealing with current events, I thought it would be nice to take some time and discuss something different. It is said that you aren’t tried by a jury of your peers, but by twelve people who couldn’t get out of jury duty. Why do Americans hold such an important duty in such low regard? Lets take a look at why jury duty is so important.