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Taking a 5th of History

James Madison once wrote that “A Government is instituted to protect property of every sort…This being the end of government, that alone is a just government, which impartially secures to every man, whatever is his own.”

So what happens when a government, other then the national government, that is, decides that it wants what you have, even if they claim it’s for a “public benefit?”

In the Township of Scott, Pennsylvania, a nice old lady – she’s even named Rose Mary Knick –  owns a cute place on the edge of town that has a bit of property around it that – this is important – she owns.

(Commence menacing music here) Read the rest of this entry


Goverment v Government

No person…shall be compelled in any criminal case to be a witness against himself…. – Amendment V

IRS official Lois Lerner goes to Congress again in the investigation of the IRS scandal, and she takes the 5th Amendment. But can a Government Official, presumably acting in the name of the Government, claim that the Government is not going to cooperate with the Government when the Government is investigating the Government?

Supreme Court Says All Silence Is Not Golden

Dividing along traditional conservative liberal lines in a 5 to 4 decision the United States Supreme Court today ruled that silence can be used against you even before you are advised of your Miranda rights.

The ruling dealt with a 1992 murder conviction for Genovevo Salinas. Salinas had gone to the police station voluntarily and answered some questions without being informed of his Miranda rights. But he refused to answer when he was asked whether a shotgun he had access to could be the murder weapon. He was not in custody at the time

Prosecutors used that silence as evidence of his guilt and he appealed claiming his Fifth Amendment right to stay silent should have Lawyers from using his silence against them in court. Read the rest of this entry

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