55 online
 
Most Popular Choices
Share on Facebook 16 Printer Friendly Page More Sharing
OpEdNews Op Eds    H2'ed 6/23/15

Keeping Government Bureaucrats Off the Backs of the Citizenry: The Supreme Court Responds

By       (Page 1 of 2 pages)   No comments
Follow Me on Twitter     Message John Whitehead
Become a Fan
  (47 fans)
Keeping government bureaucrats off our backs--it's our right and responsibility. Determined citizens make things happen.
Keeping government bureaucrats off our backs--it's our right and responsibility. Determined citizens make things happen.
(Image by ep_jhu)
  Details   DMCA

"No man in the wrong can stand up against a fellow that's in the right and keeps on a-comin'."--Texas Rangers

In one swoop, on June 22, 2015, a divided U.S. Supreme Court handed down three consecutive rulings affirming the right of raisin farmers, hotel owners and prison inmates. However, this push back against government abuse, government snooping and government theft only came about because some determined citizens stood up and took a stand against tyranny.

The three cases respectively deal with the government's confiscation of agricultural crops without any guarantee or promise of payment (Horne v. U.S. Department of Agriculture); the practice of police gaining unfettered access to motel and hotel guest registries (City of Los Angeles v. Patel); and the use of tasers and excessive force by prison officials (Kingsley v. Hendrickson).

Whether these three rulings will amount to much in the long run remains to be seen. In the meantime, they sound a cautiously optimistic note at a time when police state forces continue to use advancing technologies, surveillance and militarization to weaken, sidestep and flout the Constitution at almost every turn.

In the first case, Horne v. U.S. Department of Agriculture, a 5-4 Supreme Court declared that raisin farmer Marvin Horne deserves to be compensated for the official seizure of one-third of his personal property by the government.

The case arose after independent raisin farmers in California were fined almost $700,000 for refusing to surrender about 40% of the raisins they produced to the government as part of a Depression-era program purportedly aimed at maintaining a stable market for commodities. Marvin and Laura Horne, independent farmers who have been growing raisins for almost half a century, challenged the fine, arguing that the requirement that they surrender, on pain of monetary penalty, a percentage of their property without any guarantee of compensation violated the command of the Fifth Amendment to the U.S. Constitution that private property shall not be taken for public use without just compensation.

The bigger picture: Whether you're talking about raisins confiscated by the USDA, homes expropriated by government agencies under the rubric of eminent domain, or cars and cash seized by asset forfeiture-driven highway police, these various takings all add up to the same thing: government theft sanctioned by an endless assortment of arcane laws. Unfortunately, as I point out in my book Battlefield America: The War on the American People, the lines between private and public property have been so blurred that private property is reduced to little more than something the government can use to control, manipulate and harass the citizenry to suit its own purposes, while 'we the people' have been reduced to little more than tenants or serfs in bondage to an overbearing landlord. This is feudalism revisited.

In the second case handed down on June 22 (City of Los Angeles v. Patel), a 5-4 Supreme Court struck down a Los Angeles ordinance that permits the police to check guest registries at motels and hotels at any hour of the day or night without a warrant or other judicial review.

Next Page  1  |  2

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Valuable 1  
Rate It | View Ratings

John Whitehead Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

John W. Whitehead is an attorney and author who has written, debated and practiced widely in the area of constitutional law and human rights. Whitehead's aggressive, pioneering approach to civil liberties has earned him numerous accolades and (more...)
 

Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

The Path to Total Dictatorship: America's Shadow Government and Its Silent Coup

Operation Vigilant Eagle: Is This Really How We Honor Our Nation's Veterans?

Licensed to Kill: The Growing Phenomenon of Police Shooting Unarmed Citizens

Miley Cyrus and the Pornification of America

Common Core: A Lesson Plan for Raising Up Compliant, Non-Thinking Citizens

The Land of the Blind: The Illusion of Freedom in America

To View Comments or Join the Conversation:

Tell A Friend