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Florida Doubles Down on Cuba Restrictions

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It is not just the federal government that violates Americans’ liberties; state governments can be just as tyrannical. From the Alien and Sedition Acts in the eighteenth century to the USA PATRIOT Act in the twenty-first century — and many other things in between — the U.S. federal government has ignored its own Constitution and sought to weaken or destroy Americans’ liberties. It happens so often now that it’s not a question of whether the feds will issue another rule or regulation infringing our liberties, but when. Unfortunately, the fifty states have their own cornucopia of ridiculous and tyrannical laws. On Sunday, in some states and counties it is illegal to hunt, sell alcohol, hold horse races, sell cars, or open a store before noon. In some states only the state government can operate liquor stores. In some states bicyclists are required to wear a helmet, while motorcyclists are not. In some states you can be arrested for serving your teenager ...

The Military Exception to the Bill of Rights

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Consider the following hypothetical. DEA agents in Columbus, Georgia, suspect that Joe Blow is selling cocaine and heroin to city youths. They’re sure he’s guilty but have been unable to come up with any evidence of his guilt. Under a formal policy established by the DEA, they take Joe into custody without a warrant, take him to a secret federal facility, keep him in solitary confinement for 3 years, and brutally torture him until he finally confesses to the crime. The federal grand jury issues a criminal indictment and the U.S. Attorney proceeds to prosecute the case. The prosecutor introduces Joe’s confession into evidence. What would happen? Under our constitutional system of justice, the federal judge would dismiss the case without even letting it reach the jury. Why? Under the rights and guarantees enumerated in the Fourth, Fifth, Sixth, and Eighth Amendments, our system of criminal justice guarantees the accused a speedy trial, and it does not permit federal law-enforcement officials to torture ...

Good for the ACLU and Jose Padilla!

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Good for the ACLU! It is taking Jose Padilla’s civil suit to the U.S. Supreme Court for what will hopefully be an adjudication by the highest court in the land as to the power of the U.S. military and the CIA in modern-day American life. Of course, the chances that Padilla will prevail are extremely slim, but it is great that he and the ACLU might succeed in finally flushing the justices out into the open and making them render their decision and provide their reasoning on the so-called war on terrorism so that everyone can see the inanity of the reasoning that goes into this “war” and the omnipotent power of the military and the CIA over the American people. After all, don’t forget that the Supreme Court ran away from confronting the issues raised by Padilla the last time he sought relief from the Court. That was the period of time when the U.S. military and Justice Department were ...