All Posts Tagged With: "Fourth Amendment"
Whither Glik . . . and Why?
The Glik case is important for advancing police transparency and accountability, without which it is not safe for anyone to walk down a street in America.
13Sep2011 | Wendy McElroy | 15 comments | ContinuedYes, It Is a Police State
Since 9/11 the biggest threat to the American people is not radical Muslim terrorists, nor deranged domestic terrorists, but the terrorists with the blue uniforms, badges, and body armor.
16Jun2011 | Steven Horwitz | 58 comments | ContinuedThe Fourth Amendment and Faulty Originalism
“All arrests are at the peril of the party making them.” —Alexander H. Stephens, August 27, 1863 These days the Fourth Amendment to the Constitution means next to nothing. Consider, for example, the choice offered a few years ago: surveillance under routine, easy “warrants” from the drive-through FISA Court or warrantless surveillance at the whim [...]
25Aug2010 | Joseph R. Stromberg | 3 comments | ContinuedThe Pernicious Nature of Victimless-Crime Laws
Laws creating victimless crimes are particularly pernicious laws. Their associated evils are essential rather than accidental; that is, their destructive properties stem from their very nature as victimless. It will soon become clear why federal judges commonly write and speak of “the drug exception” to search-and-seizure (Fourth Amendment) jurisprudence, why double agents lead double lives [...]
27Jun2010 | Joseph S. Fulda | 3 comments | ContinuedCan We Tell Those Huddled Masses to Scram? Immigration and the Constitution
In 1873 some Presbyterians in Kentucky invited a young Canadian to be their pastor. Tensions in the border state were still high following the War of Southern Independence, and the congregants hoped that a neutral outsider could pacify folks not only within their own church but even across denominations. Rev. A.B. Simpson succeeded so well [...]
1Nov2006 | Becky Akers | 27 comments | ContinuedWartime Executive Power: Are Warrantless Wiretaps Legal?
Robert Levy is a senior fellow in constitutional studies at the Cato Institute. This article is drawn from his testimony before the Senate Judiciary Committee, February 28, 2006. President Bush has authorized the National Security Agency (NSA) to eavesdrop, without obtaining a warrant, on telephone calls, e-mails, and other communications between U.S. persons in the [...]
1Aug2006 | Robert A. Levy | 1 comment | ContinuedUndoing the Fourth Amendment
Carlos Gonzalez, 21, of Weston, Florida, stands
spread-eagled while an officer pats him down.
When the officer bends to frisk his legs, Carlos
lowers his arms without asking permission. The officer
snarls, “Hey,were not even close to being finished.What
are you trying to hide?” While a crowd watches, Carlos
is ordered to disrobe. He hands over his shoes and belt
and empties his pockets as the search continues in mortifying
detail.
This Is America?
I have long had an uneasy relationship with airport security. Before September 11, I resisted the demand that I produce a government-issued ID, believing that it smacked too much of the “Papers, please” of the former Soviet Union that Hollywood movies used to mock and we free Americans used to laugh at. I also used [...]
1Jul2002 | James R. Otteson | 12 comments | ContinuedSting Operations and the Separation of Powers
To detect and prosecute laws prohibiting victimless crimes, government typically curtails civil liberties and, by standing in for a real victim, creates opportunities for abuse and corruption in sting operations. Sometimes, prosecution of these crimes is furthered by offering various considerations to one member of the conspiracy at the expense of the others. This would [...]
1Jun2002 | Joseph S. Fulda | 0 comments | ContinuedRights Without Exceptions
Jeff Snyder is an attorney in New York City and is the “Gun Rights” columnist for American Handgunner magazine. This article is adapted from columns he wrote in the November/December 2000, January/February 2001, and May/June 2001 issues of that magazine. He is the author of Nation of Cowards: Essays on the Ethics of Gun Control [...]
1May2001 | Jeff Snyder | 2 comments | ContinuedRights Without Exceptions
Jeff Snyder (jsnyder@ekks.com) is an attorney in New York City and is the “Gun Rights” columnist for American Handgunner magazine. This article is adapted from columns he wrote in the November/December 2000, January/February 2001, and May/June 2001 issues of that magazine. He is the author of Nation of Cowards: Essays on the Ethics of Gun [...]
1Apr2001 | Jeff Snyder | 2 comments | ContinuedA Little Erosion of Liberty
Landlords and tenants are not usually on the same side in the courtroom. But in Kalamazoo, Michigan, a group of tenants are standing up for their property rights and supporting their landlord against the City’s inspection policy. It’s a case with far-reaching implications that should concern every American. When conducting building code inspections, the City [...]
1Jan1996 | Lawrence W. Reed | 0 comments | Continued-
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