Category Archives: Political Science

My computer is pleadin’ the Fifth

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Fifth Amendment case in Denver causes concerns

by Glen C. Davis

Recently, the Supreme Court ruled that GPS tracking devises violated the Constitutional Fourth Amendment guarantees because people have a reasonable right to privacy in their cars. As I understand the ruling, however, if you have OnStar® or one of the other government tracking devices already in your car, they can track you through that system.

On January 4th, the Denver Post reported on another example of the courts grappling with the Bill of Rights in the digital age. And the case is shaking up civil liberties groups.

The case involves Ramona Fricosu who was allegedly involved in a fraud scheme along with her husband. One of the items seized by the prosecutors was her laptop computer. The laptop, however, was encrypted and the prosecutor could not retrieve the contents. Fricosu refused to give the password citing her Fifth Amendment right against self-incrimination.
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Schenck v. United States: A clear and present revisit

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Rather than rehash the difference in democratic principles between the founding fathers and those of the democratic party today, I would like to begin this article by referring you to my previous article on the subject. It is a long-winded way of saying that when I refer to Marxist democrats, I am referring to the democrats today rather than the Locke democrats of our history. This seems, to my mind, the best way to preface this article. Certainly I do not mean to imply that all democrats are Marxists. The article, however, explains itself.

I preface it in this fashion because I find Schenck v. United States 249 U.S. 47 (1919) an interesting First Amendment case in light of what is happening today. It is important for more than just the fact that it coined two phrases.

In this case, Oliver Wendell Holmes wrote,

“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force.”

In paragraph 5 he writes further,

“The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.”

This is the coining of the phrases, “You can’t yell fire in a crowded theater” and “clear and present danger.”
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Essays on the Constitution of the United States

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Now available

After the War for Independence, the country had to form a more perfect union. The question was, what kind.

The States were used to autonomy. Many were so satisfied with this arrangement that the preferred to remain under the Articles of Confederation. There were many opponents to the new Constitution of the United States known as Anti-Federalists.

The Federalists were those in favor of the new Constitution and its “limited” form of government. They never anticipated their posterity twisting of the words of the Constitution to eliminate the freedoms they had fought for.

But the Anti-Federalists did. “It might be here shewn, that the power in the federal legislative, to raise and support armies at pleasure, as well in peace as in war, and their controul over the militia, tend, not only to a consolidation of the government, but the destruction of liberty,” a writer who wrote as Brutus complained.

Essays on the Constitution was edited by Paul Leicester Ford and published in 1842. It is an intriguing look at the arguments in the newspapers of the time on the subject.

It seems that Rhode Island was not favored among the several States. Mr. Ford added a letter from a writer for Rhode Island.

I edited the work further giving it a new index and adding the works of Brutus which were referred to in the original work, but never added. I added, also, the objections by Elbridge Gerry, Patrick Henry and Colonel George Mason—All of which refused to sign the Constitution.

This book is an interesting view of the battle for ratification of the Constitution and a good read for anyone studying the history of the United States from those who lived it.

SEE ALSO: Anti-federalist are “Political Jesuits” under Satanick influence

April Book Sale

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Order any of my books from now until April 30 and receive the shipping of a single book free up to $4.99.

Use coupon code APRILMAIL305 at checkout, select Mail Shipping and receive the single book shipping cost free. Maximum savings with this promotion is $4.99. Print and tax amounts are excluded. You can only use the code once per account, and you can’t use this coupon in combination with other coupon codes. This great offer ends on April 30, 2011 at 11:59 PM so try not to procrastinate! While very unlikely we do reserve the right to change or revoke this offer at anytime, and of course we cannot offer this coupon where it is against the law to do so. Transaction must be in US dollars.

Happy Birthday Thomas Jefferson

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Thomas Jefferson born this day

A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned – this is the sum of good government.

Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.—Brainy Quotes

Thomas Jefferson was born this day in 1743 in Virginia. He was the third president, wrote the initial draft of the Declaration of Independence, promoted the principles of a Republic, and was our first Secretary of State. He was responsible for the Louisiana Purchase which occurred on the 30th of this month in 1803 doubling the size of America overnight.
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Government Class book on sale.

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Beware the ides of March or you might miss a good deal. From now until March 15, you can get 15% off of your order by entering IDES305 in the coupon section for your order. Maximum savings with this offer is $10. This is an offer from LULU.COM which reserves the right to modify or cancel the offer at anytime. Not available where prohibited by law. This book has been known to cause bleeding and convulsions in laboratory liberals.

The Government Class Book by Andrew Young was one of the text books used in class rooms throughout America to explain the Constitution. While William Rawles’ A View of the Constitution of the United States of America remains thoroughly a secular law book, Andrew Young explains government at all levels and how they intertwine. His work certainly takes a different view of “the Separation of Church and State.”

This work is also available as a download and can be downloaded by members of Freedom Torch.

Experiments in Government and the Essentials of the Constitution.

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$5.95 paperback or $1.50 download.

This classic reprint by Elihu Root touches on the “socialist” movement of the Woodrow Wilson era and explains why government intrusion is not always the answer. He argues that some modification to laws can be necessary without compromising the promise of our forefathers written down in the Constitution of the United States of America.

The Nobel Prize organization said he, “…became one of the most brilliant administrators in American history,…” Why would they say that about him? Because he won the Nobel Peace Prize in 1912 while serving in the United States Senate. He did not receive the award, however, under some pretense that–somehow–destroying the American economy with carbon taxes would–somehow–make the earth a more peaceful place. He got his Nobel Prize the old-fashioned way. He earned it.

Root served as Secretary of War from 1899 to 1904 under Presidents McKinley and progressive Theodore Roosevelt. Roosevelt served as Assistant Secretary of the Navy under Elihu Root. Mr. Root returned to private practice in 1904, but was called upon by Roosevelt in 1905 to assume the duties of the 38th Secretary of State. He served in that role until 1909 when he became a Senator until 1915. He declined another term as Senator and even declined the offer of the Republican party nomination as President.

January sales contest on LULU.com

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The January sales contest is on at LULU.com. You can enter READ2011 at checkout to receive 10%* off of your order and help me win a contest.

One of my recommendations is the fictional thriller A Shroud of Evidence. One review states, “This book is intense. So like what it may be like someday. It has a lot of action, suspense and even love. A good read. I recommend it highly. My compliments to the author.” If you have an Amazon, Barnes and Nobles or other online book store account, you can purchase through those sites, but you cannot use the coupon code. 6×9 paperback.

Another pick is Concerning the Militia. This book started out as a research project during the Clinton administration and grew into a reference book. I would guess much of it you already knew or may have seen. Can be purchased in hardcover or paperback through LULU.com only.

The Patriotic Observances Handbook is a guide to the latest patriotic observances and legal Federal Holidays plus a perpetual calendar. This one came about as I searched for information on the LEGAL HOLIDAY National Prayer Day.

2011 Patriot Journal contains some of the information from the Patriotic Observance Handbook. Contains spaces for monthly appointments and journal pages.

My latest work, A Clause for Concern is an examination of the Interstate Commerce Clause of the Constitution by a non-lawyer. Just how far does this Constitutional Power of Congress extend? What of other Constitutional authorities that the Congress has delegated or ignored? I must admit that this one may contain some mistakes, but I reference source material for you to look up.

I also have some reprints of older books such as A View of the Constitution of the United States of America. American Documents Volume II contain the Federalist Papers and American Documents Volume III contain some of the Anti-Federalist Papers. You can see all of the books I have available at my online store.

Please remember, a portion of the proceeds from the sale of these books goes toward buying houses, cars, food, etc.

* Disclaimer: Enter coupon code ‘ READ2011 ‘ during checkout and save 10% off the purchase price. Discount cannot be used to pay for, nor shall be applied to, applicable taxes or shipping and handling charges. Maximum amount that can be applied to discount is $10.00 per account. Promotional codes cannot be applied to any previous orders. No exchanges or substitutions allowed. Only one valid promotional code can be used per order. Offer expires January 31, 2011 at 11:59 PM EDT. Lulu.com reserves the right to change or revoke this offer at any time. Void where prohibited.