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Fifth Amendment rights Fourth Amendment rights

The War Against Cash Carriers

Michigan’s lawmakers and governor seem determined to remind us that history is no nonstop march into the light.

In the Great Lake State, the latest confirmation is a return to virtually unrestricted legalized cash-grabbing at the airport, reversing halfhearted reforms of several years earlier.

After those reforms were enacted, a traveler had to be toting in excess of $50,000 before officials a Michigan airport could be “justified” in confiscating his cash on a mere suspicion that it is associated with a crime.

But now, because of legislation just signed by Governor Whitmer, the threshold has been knocked down to $20,000.

Maybe you must be naïve to carry so much cash where police and other functionaries can easily get at it, but as Dan King of the Institute for Justice observes, you don’t have to be a criminal. And traveling with cash is not a crime.

Around the country, innocent persons have often run afoul of civil forfeiture laws that let authorities steal money earned by others without any showing that the money is ill-gotten.

With help from organizations like Institute for Justice, people who make the mistake of traveling with substantial cash — to buy a truck, open a bank account, whatever — just might get their money back after spending months in the courts. 

And suffering much anxiety. 

For the officials who cause the anxiety, both the thefts and any temporary judicial setbacks amount to just another day at the office.

This is open thievery by the State, turning cops into robbers.

Opposing it is Common Sense. I’m Paul Jacob.


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Fifth Amendment rights First Amendment rights Fourth Amendment rights general freedom

Three Decades of Justice

Since September 1991, the libertarian law firm founded by Chip Mellor and Clint Bolick has been fighting for the rights of its clients against governmental assault.

For no charge, Institute for Justice helps people stripped of options fight for:

● The right to keep one’s land (and what’s on it).

In 2001, the city of Mesa, Arizona launched eminent-domain proceedings against Bailey’s Brake Service, owned by Randy Bailey. The plan was to destroy the shop and give the land to a hardware store, not a constitutionally permitted “public use.” Bailey and IJ eventually prevailed in court.

● The right to make a living despite arbitrary professional licensing.

The Louisiana State Board of Cosmetology demands that aspiring hair braiders submit to hundreds of hours of training and pay for an expensive license to ply their trade. IJ is challenging the requirement on behalf of clients Ashley N’Dakpri, Lynn Schofield, and Michelle Robertson.

● The right to keep one’s cash despite arbitrary civil forfeiture — i.e., the power of police and prosecutors to grab your money or other belongings without charging you with a crime.

One recent victim is Marine Corps veteran Stephen Laura, whose $86,900 was looted by the Nevada Highway Patrol. The Institute has agreed to help him get it back.

And so on.

It doesn’t look like governments will stop interfering with our ability to live and work any time soon. 

“Eternal Vigilance”? Thy name is IJ.

This is Common Sense. I’m Paul Jacob.


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Fifth Amendment rights national politics & policies subsidy

The Moratorium on Survival

If only Lincoln Eccles were a property owner in Franklin County, Ohio, instead of Kings County, New York. He’d have more of a chance.

Franklin County is defying the latest national moratorium on evictions. Early in August, caving to pressure from socialist Democrats, President Biden directed the CDC to outlaw the evicting of tenants for another 60 days.

A Franklin County court has announced that the county will not obey the ukase. The county cites a recent court of appeals ruling that disputes the authority of the CDC to impose the nationwide moratorium.

In June, the Supreme Court had narrowly refused to lift a previous moratorium in evictions, even though at least one justice in the majority acknowledged that the CDC had exceeded its authority. Justice Brett Kavanaugh’s exact words: “Yes, this is unconstitutional, but . . . well, okay.” (Fine, not his exact words.)

Property owners have bills too. (Not to mention rights.) The less money they get from a property, the less money they have to maintain it, let alone earn profit.

Lincoln Eccles owns a 14-unit building in Crown Heights. Several tenants owe him rent. One owes $40,000. Which has put Eccles behind on utility bills and property taxes. The boiler must be fixed before winter. 

But Kings County is not defying the CDC.

“At this point they’re just abusing us,” Eccles says. “And it’s some version of slavery to me, forcing people to work and produce a product for free, and there’s no compensation.”

Were one to consult the Constitution, one might find a prohibition about public taking of private property “without just compensation,” but governments throughout the union haven’t been consulting that relevant document much lately.

This is Common Sense. I’m Paul Jacob.


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