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Judicial Reform

The judicial branch of government has overstepped its bounds and increasingly ignores the precepts of common law.

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LISTEN NOWThe Freedom Files Podcast Episode 14 featuring Jacki PickListen Here

Know the legal system and its impact on the economy.

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Authorized to Steal

If you own a house or car, they are your property. If you produce cabinetry or quilts, they are your property. If you produce raisins, they are your property and cannot be taken by the government without just compensation, right? Not according to a decision by the Ninth Circuit.

02/11/2015
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Obamacare: Time to Change the Batter

If you try to bake a cake, but after looking at a recipe you notice you made multiple mistakes in the batter, the best idea is usually to start over from scratch. If you used three eggs when the recipe called for two, a tablespoon of salt when the recipe called for a teaspoon and a chocolate mix but you find out a guest is allergic to chocolate, it is best to start over. Rather than try to pull an egg out of the batter, pick out the excess salt and sift the chocolate mix out, you should throw out the batter and make a batter that will actually work for the cake. This principle also applies to laws passed by Congress.

02/03/2015
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The Fourth Amendment is NOT a Useless Piece of Paper

This title was adopted from a line by Justice Sotomayor during the recent Supreme Court oral arguments in Rodriguez v. United States. Over time there has been an encroachment on our Fourth Amendment right against unreasonable searches, as Justice Sotomayor also said, “. . . we can’t keep bending the Fourth Amendment to the resources of law enforcement.” It is time for the courts to push back and protect our constitutional rights. Fortunately, two recent cases, one at the Supreme Court and another at the circuit level, have given great opportunities to do just this.

02/02/2015
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“Free” Federal Money is Never Free

While the federal government often entices states to promote its agenda by promising “free” federal money for the states that adopt their programs, this money is never free, and always comes with strings attached. When the federal government offers “free” money for a program it is really just hoping to get the states hooked on the program before the giveaways disappear, much like a drug dealer who offers you the first hit for free.

01/28/2015
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Williams-Yulee v. The Florida Bar: Free Speech is Worth Full Protection

While we may not agree with all speech we come across, it is important for liberty-minded individuals to defend all constitutionally protected speech. If we do not protect speech that we may not agree with, or that is of limited importance to us, there will be fewer people willing to defend speech that we care deeply about. Also, once the Supreme Court rules some speech can be restricted and still withstand constitutional scrutiny, it becomes easier for the Court to rule other speech can be restricted as well.

01/26/2015
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“Sneak and Peek” Warrants Are Abused by Law Enforcement

Section 213 of the PATRIOT Act creates what is known as “sneak and peek” warrant. Law enforcement is authorized to conduct a search without first notifying the subject of the search. After 9/11, law enforcement insisted that this measure was necessary to investigate and prevent future terrorist attacks “without tipping off the terrorists.”

12/18/2014
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Supreme Court Spotlight: Free Speech, Facebook, and “True Threats”

After being estranged from his wife and fired from his job, Anthony Elonis began posting a series of disturbing Facebook statuses that spoke of harming and killing his ex-wife, initiating “the most heinous school-shooting ever imagined,” and blowing up FBI agents.

12/17/2014
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CFPB in Court: Exempt Us from Basic Rules of Discovery

The Consumer Financial Protection Bureau (CFPB) tried to argue it should be exempt from basic rules of discovery in federal court.

12/04/2014
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Civil Asset Forfeiture Reform Approved in D.C. Legislature

On Tuesday, the D.C. Council unanimously endorsed a bill that aims to seriously reform the practice of civil asset forfeiture by the Metropolitan Police Department. The second and final vote on the measure will take place December 2.

11/20/2014
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Where to Question AG Nominee Loretta Lynch: Asset Forfeiture and More

After Eric Holder announced his resignation from Attorney General for the Obama administration, the President announced his nominee to replace him, Loretta Lynch. Ms. Lynch has experience as the chief federal prosecutor in Brooklyn, NY, and has a largely apolitical track record, leading experts to believe Lynch should have no issue securing Senate confirmation.

11/19/2014

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