Tag 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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Get 15% off of Essays on the Constitution (Or any other title)!

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Essays on the Constitution of the United States
Purchase Essays on the Constitution of the United States with 15% off of the cover price of $15.95 with coupon code AUGUST305.

6×9 Paperback
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Check out all of my titles!

Offer ends September 15, 2011.

Disclaimer: Use coupon code AUGUST305 at checkout and receive 15% off Essays on the Constitution of the United States. Maximum savings with this promotion is $100. 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 September 15, 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. Finally, Lulu incurs the cost of this discount, so it does not impact the Author’s proceeds of the book.

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

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.

A Clause for Concern: Cross Examining the Interstate Commerce Clause

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A Clause for Concern: Cross Examining the Interstate Commerce Clause

This 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?

The Congress has, for example, turned over control of the wealth of the nation to a cabal of private bankers collectively known as the Federal Reserve. Since 1913 this group has caused the Great Depression and has been directly linked to our current economic turmoil.

Does Congress have the right to order you to purchase health insurance? The Ninth Amendment to the Constitution should destroy that myth.

This is an attempt by a non-lawyer to make sense of it all, but I have dug down into some of the Supreme Court cases and evaluated them next to the Constitution.

Cases Concerning the Intestate Commerce Clause

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This book contains the text of several Supreme Court cases concerning the Interstate Commerce Clause. It derived from my research for an upcoming book entitled “A Clause for Concern, Cross-examining the Interstate Commerce Clause.” It is a scholarly review by a non-lawyer who had little else to do with his time. It will, hopefully, reduce your research time. It is not all-encompassing, but contains what I believe are among the most important to the subject.

A View of the Constitution of the United States

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Just Added!

A View of the Constitution of the United States of America was written by Williams Rawle, LL.D. in 1829. The Senate writes of Rawle in Senate Document 2807; A report on the Second Amendment by the Senate Judiciary Committee during the 97rd Congress in February of 1982. Senator Orin Hatch wrote of Rawle,

The Jefferson papers in the Library of Congress show that both [St. George] Tucker and Rawle were friends of, and corresponded with, Thomas Jefferson. Their views are those of contemporaries of Jefferson, Madison and others, and are entitled to special weight.

Senator Hatch quoted A View of the Constitution of the United States of America concerning the Second Amendment. Concerning that amendment, Rawle writes

No clause in the Constitution could by a rule of construction be conceived to give to Congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretense by a state legislature. But if in blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both

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