The Bill of Rights Turns 230, and What Do We Have to Show for It? Nothing Good

By John W. Whitehead September 10, 2019 “That was when they suspended the Constitution. They said it would be temporary. There wasn’t even any rioting in the streets. People stayed home at night, watching television, looking for some direction. There wasn’t even an enemy you could put your finger on.”—Margaret Atwood, The Handmaid’s Tale It’s been … More The Bill of Rights Turns 230, and What Do We Have to Show for It? Nothing Good

City retaliates against brothers who want to grow Christmas trees

Officials warned them not to talk to reporters about fine for taking out scrub brush Sept 9, 2019 It began with what appeared to be an overly aggressive Michigan township attack on two brothers trying to start a Christmas tree farm. A fine of $450,000 was announced by the township of Canton against Gary and Matt … More City retaliates against brothers who want to grow Christmas trees

VIDEO The Right to Remain Silent: A New Answer to an Old Question

Criminal Justice, Vol. 25, No. 2, 2010 1 Mar 2012 Last revised: 5 Mar 2012 James J. Duane Regent University – School of Law  Date Written: February 2, 2012 Abstract When a witness is summoned to testify before a grand jury or at a judicial or legislative proceeding, the lawyer for the witness frequently concludes … More VIDEO The Right to Remain Silent: A New Answer to an Old Question

You’re Under Arrest: How the Police State Muzzles Our Right to Speak Truth to Power

June 5, 2019  By John W. Whitehead “History shows that governments sometimes seek to regulate our lives finely, acutely, thoroughly, and exhaustively. In our own time and place, criminal laws have grown so exuberantly and come to cover so much previously innocent conduct that almost anyone can be arrested for something. If the state could … More You’re Under Arrest: How the Police State Muzzles Our Right to Speak Truth to Power

The Omnipresent Surveillance State: Orwell’s 1984 Is No Longer Fiction

June 10, 2019 By John W. Whitehead “You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.”—George Orwell, 1984 Tread cautiously: the fiction of George Orwell has become an operation manual for the omnipresent, modern-day surveillance state. It’s been 70 years … More The Omnipresent Surveillance State: Orwell’s 1984 Is No Longer Fiction

Can Government Punish Twice for the Same Crime? – Dueling Originalists and Stare Decisis

Can Government Punish Twice for the Same Crime? By: Judge Andrew Napolitano|  Jun 20, 2019| “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” -Fifth Amendment to the U.S. Constitution The government in America is out of control. There is no happy ending here. … More Can Government Punish Twice for the Same Crime? – Dueling Originalists and Stare Decisis

Supremes open federal courts to property takings fights

‘State litigation requirement has been a rule in search of a justification’   The U.S. Supreme Court, in a sharply divided 5-4 decision that brought a bitter dissent from progressives justices, opened federal courts to lawsuits by individuals seeking compensation when a government takes their private property for public use. The ruling came in a complaint … More Supremes open federal courts to property takings fights

Mueller’s Case Facing Possible Hit From Supremes

Fight over state, federal sentences based on single incident in play November 30, 2018 Robert Mueller The case of a man who was sentenced to prison twice for the same incident, once by state prosecutors and once by the feds, could play a role in special counsel Robert Mueller’s investigation into alleged collusion by the Russians and … More Mueller’s Case Facing Possible Hit From Supremes

Uphold Ban on Double Jeopardy

September 13, 2018 DOCUMENTS The Rutherford Institute’s amicus brief in Gamble v. United States In an effort to reform the nation’s harsh and overly-punitive criminal justice system, The Rutherford Institute has asked the U.S. Supreme Court to fully enforce the Constitution’s ban on double jeopardy by overruling precedent allowing a single act by a person to be the … More Uphold Ban on Double Jeopardy