Posted by on June 17, 2017 8:25 pm
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Categories: c1g1

LIFE, LIBERTY, or PROPERTY is DEPRIVED without DUE PROCESS

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LOW

Unofficial, speculative, or topical news is evident at this time. No immediate danger is apparent.

LIFE, LIBERTY, or PROPERTY is DEPRIVED without DUE PROCESS

"Due process of law" means the Government has no power to pass judgment against you unless you are personally given the opportunity to appear in court in accordance with a lawfully served process. It is the basic the principle of legality. You have the natural right to be safe from deprivations of "life, liberty, or property" that are not based in the “law of the land.”
Unilateral, arbitrary action by Government has been the plight of most of humanity, for most of history. In 1215, Clause 39 of Magna Carta declared: “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.”
This worked well until the 20th century. Since the New Deal, administrative agencies have seized an enormous share of Governmental actions that work to deprive the interests of citizens. As legislatures relinquished rule making and adjudication responsibilities to their executive branches, courts have largely sat idle on questions of due process. Procedures that would be clearly insufficient in judicial proceedings are now believed to be “constitutionally adequate” for agencies. An unjust IRS action, which you have little power to resist, is a good example. This is the way you run a railroad in Italy in 1939.
Promulgated rules are supposed to be “consistent with legislative intent.” What about when they are not? Often, the cost of seeking judicial review causes wronged parties to knuckle under without a fight. Studies show that 70% of agency rules are upheld by courts, with the Supreme Court upholding 91% of these rules. If you are well off, you play the “compliance” game better than your competition, so the more rules the better. But when you are not, your liberty and property is deprived without due process. You get a Code of Federal Regulations that is now over 175,000 pages long, billions of dollars in regulatory costs to stifle your economy, and the bureaucratic death (by a hundred thousand paper cuts) of your natural rights.
Credit
Our Founding Generation
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Full Indicator Record

Grade Date Headline Source
LOW 21 Jun 2017 $17,900 'pile of cash' named as a defendant in civil-forfeiture case [Washington Examiner]
LOW 02 Jun 2017 Kansas civil asset forfeiture case settled: US Govt keeps $20,100 in cash [Salina Journal]
LOW 01 May 2017 Secret software algorithm contributes to man's 6-year prison sentence [NYT]
LOW 28 Apr 2017 Ronald Fraser: How Delaware cops prey on private property [DelawareOnline]
HIGH 13 Apr 2017 Idaho Governor vetoes forfeiture reform bill [Techdirt]
MOD 13 Apr 2017 Kim Dotcom asks SCOTUS not to allow US Government to steal all his stuff without due process [Techdirt]
MOD 09 Apr 2017 Oregon Senate Bill 868 to deprive 2nd Amendment without allegation of crime [NRA ILA]
LOW 15 Mar 2017 Animal control seizes family dog, declares 'wolf hybrid' without a hearing, refuses to return to owners [KDVR]
LOW 08 Mar 2017 Illinois bill would authorize firearm confiscation without owner's input [Breitbart]
LOW 07 Mar 2017 Supreme Court Justice suggests readiness to strike down egregious due process abuses [Reason]
LOW 02 Mar 2017 City Council may give Mayor 'emergency powers' to shut down businesses [Herald-News]
MOD 23 Feb 2017 AK police sued for secret warrants, seizing property for years with no charges [KFSK]
MOD 22 Feb 2017 Oregon Gov pushes 2nd Amendment denial for conviction-less restraining orders [Oregon Public Broadcasting]
SEVERE 15 Feb 2017 NYC forced to pay $75M because NYPD issued nearly a million unconstitutional citations [Daily Sheeple]
MOD 10 Feb 2017 POTUS voices support for civil asset forfeiture without conviction [New American]
MOD 07 Feb 2017 The new travel ban you didn't hear about is against American citizens [Anti-Media]
MOD 24 Jan 2017 SCOUTS lets Illinois' arbitrary concealed carry rules stand [Chicago Sun-times]
HIGH 23 Jan 2017 FBI decides it's finally time to do a terrible job of defending civil asset forfeiture [Techdirt]
HIGH 21 Jan 2017 Scott Shackford: FBI Insists That When They Steal People's Stuff, They're Doing It for You [Reason]

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