Tag: Fifth Amendment

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First Amendment rights folly general freedom ideological culture national politics & policies privacy U.S. Constitution

Our Masters’ Malign Agenda

Constitution, Bill of Rights, Politics, Terrorism, populism, Common Sense

Reacting to terrorism, President Obama’s first thought? Scratch out the Second Amendment and the Fifth Amendment’s guarantee of “due process” from the Bill of Rights. Why? To advance his mania for gun control.

Now comes Republican front-​runner Donald Trump, one-​upping the president. He wants to block any Muslim from entering the U.S. — whether immigrant, refugee or even tourist.

That’s after advocating a government database for tracking American citizens who are Muslim.

Terrorism is winning.

Ignore the Constitution? Disregard individual rights? Demonize an entire religion? Thus our leaders play into ISIS’s hands, encouraging Muslims worldwide to see the U. S. as their enemy.

Cooler heads must prevail. Or else. A Republican friend posted on Facebook that he “would gleefully vote for Hillary Clinton over Trump.” I just cannot muster any glee.

In fact, I’m beginning (again) to wonder if John Fund wasn’t on to something last June, when he wrote in National Review that “just maybe Trump is a double agent for the Left.”

Think “Manchurian Candidate.”

“It’s all very un-​American,” my friend Suhail Khan, an American Muslim and conservative activist, told the Washington Post. “Our country was based on religious freedom.”

No more?

Surely, our experiment in limited government has not ended.

But we need to get serious.

We must demand a real commitment from any candidate seeking the country’s highest office. To be entrusted to execute our union’s laws, he or she must actually demonstrate allegiance to the rule of law.

That is, a willingness to fit one’s ego within the confines of the Constitution.

This is Common Sense. I’m Paul Jacob.

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Constitution, Bill of Rights, Politics, Terrorism, populism, Common Sense

 

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crime and punishment insider corruption U.S. Constitution

Fifth Dimension Feds

I like the Fifth Amendment.

I took it myself in 2007 when Oklahoma Attorney General Drew Edmondson was witch-​hunting with his grand jury. My attorney advised that I had more to fear from innocently misstating something and being vindictively charged with perjury than from the ridiculous indictments the AG would file against the “Oklahoma 3” — and then dismiss.

The Fifth Amendment protects the individual from government fishing expeditions, from browbeating by big, bad prosecutors — which includes congressional committees acting as such.

I don’t want to diminish our Fifth Amendment rights in any way, for any citizen.

Even when Citizen Lois Lerner asserts her Fifth Amendment privilege while the acting director of the IRS’s Exempt Organizations Division. And yes, even in yesterday’s repeat performance — having since retired with a pension — she still avoids congressional questions about official actions that appear to violate fundamental civil rights.

The House committee may charge Lerner with contempt (I already do). Admittedly, without her testimony, we may never know the full extent of the official campaign against certain political groups.

But we do know enough to take action.

Free and democratic participation in society requires a better system. Each non-​profit group that forms must file a tax return, so there is transparency and oversight. The time has come to shut down the IRS Exempt Organizations Division approval process for non-​profit groups and end the current prior restraint on participating in public policy.

We don’t need the Internal Revenue Service to stand as a censor bureaucratically or politically approving or dawdling to decide whether certain groups are permitted to organize.

A free society cannot tolerate it.

This is Common Sense. I’m Paul Jacob.

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initiative, referendum, and recall local leaders

The John Lilburne Award

John Lilburne and Eric Ehst could never meet: They belong to different eras. But they have something in common.

Back in the 1600s, John Lilburne worked as a pamphleteer and champion of individual or “freeborn” rights. He pioneered the use of petitioning for redress against government power and abuse.

Lilburne was a term limits guy, too, arguing that members of parliament should not be able to serve for longer than a year at a time. Unfortunately, he spent far too much time in jail; his support for individual rights bugged both the Crown and then Cromwell. Lilburne’s trials sparked the fire that led to our own Fifth Amendment.

The Citizens in Charge Foundation, a group I work with, has just launched The John Lilburne Award. This monthly honor will go to a citizen working to protect and expand our petition rights.

Eric Ehst is the award’s first winner, for November 2008.

Ehst, executive director of the Clean Elections Institute, formed a coalition that helped defeat Arizona’s Proposition 105. This measure would have severely hampered Arizona’s initiative process by requiring a virtually impossible majority of all registered voters — not just those voting — to pass any initiative that would raise a tax or fee or that mandated any spending at all, even a postage stamp.

Long ago, John Lilburne struggled to establish the peoples’ right to petition their government. This year in Arizona, Eric Ehst defended that same right.

This is Common Sense. I’m Paul Jacob.