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Empire or Republic

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We now live in a country in which the president wields the power to send the entire nation into war on his own initiative, without the congressional declaration of war required by the Constitution. We live in a country in which the president and the military wield the power to arrest an American citizen and incarcerate him in a military installation for the rest of his life on suspicion of being a terrorist, denying him due process of law, trial by jury, and other procedural rights guaranteed by the Bill of Rights. We live in a country in which the president wields the power to conduct warrantless searches and seizures, regardless of the provisions of the Fourth Amendment. We live in a country in which the ...

The Bill of Rights: Bail, Fines, and Cruel and Unusual Punishments

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Like the Sixth Amendment, the Eighth Amendment deals with the administration of criminal justice. The Eighth Amendment reads as follows: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This is how bail works: When federal officials arrest someone suspected of having committed a crime, they are required to take him promptly to a federal magistrate whose job includes the setting of bail. The bail must be reasonable in amount, which obviously depends on many factors, such as the seriousness of the crime, the defendants ties to the community, and the defendants financial condition. The magistrates decision is obviously a discretionary one but it can be appealed to the federal court of appeals. If the defendant posts the bail, he promises to appear at trial. If he fails to do so, he forfeits the bail and is then subject to a new ...

We Don’t Compromise

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Discovering libertarianism was one of the greatest things that has ever happened to me. It actually changed the course of my life. Ever since I was a kid, I wanted to be a lawyer. Whenever my elementary schoolteachers would ask us to write an essay about what we wanted to be when we grew up, I would write that I wanted to become a lawyer. I ended up getting a law degree and practicing law in partnership with my father in my hometown of Laredo, Texas. I liked the practice of law but once I discovered libertarianism, it became my passion and I sensed that life might have something different in store for me. I immediately put aside my books on direct examination, cross examination, and jury argumentation and felt driven to read books by Leonard Read, Ludwig von Mises, Ayn Rand, Frederic Bastiat, and other libertarians. In 1987, after 12 years ...