GOVEROTRAGEOUS: Fifth Amendment violation by “permits

Thursday, October 18, 2012

http://www.wnd.com/2012/10/landowner-stands-ground-against-government-shake-down/?cat_orig=politics

WND EXCLUSIVE
Landowner stands ground against government ‘shake-down’
Supremes agree to decide how much regulators can require
Published: 13 October 2012
by Bob Unru

*** begin quote ***

“But regulators saw a chance to pounce and make all kinds of costly, unrelated, outrageous demands,” he said. “Without any justification, the government demanded money, labor and resources as the price for allowing the Koontzes to use their own land.

“This was a flat-out shakedown, a form of extortion,” he said.

Family members had tried for years to develop the land, but the local St. Johns River Water Management District would not issue the necessary permits, “because Koontz would not agree to costly and unjustified conditions that the district imposed.”

“Specifically, the district demanded that Koontz dedicate his money and labor to make improvements to 50 acres of district-owned property located miles away from the proposed project,” the legal team explained.

“In other words, what we have here is a classic case of an unconstitutional shakedown. The U.S. Supreme Supreme Court has ruled that the government violates property rights – it commits a ‘taking‘ in violation of the Fifth Amendment – if it tries to use the permitting process to extract conditions that aren’t related to the impact of the proposed development.”

*** end quote ***

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“But regulators saw a chance to pounce and make all kinds of costly, unrelated, outrageous demands,” he said. “Without any justification, the government demanded money, labor and resources as the price for allowing the Koontzes to use their own land.
“This was a flat-out shakedown, a form of extortion,” he said.
Family members had tried for years to develop the land, but the local St. Johns River Water Management District would not issue the necessary permits, “because Koontz would not agree to costly and unjustified conditions that the district imposed.”
“Specifically, the district demanded that Koontz dedicate his money and labor to make improvements to 50 acres of district-owned property located miles away from the proposed project,” the legal team explained.
“In other words, what we have here is a classic case of an unconstitutional shakedown. The U.S. Supreme Supreme Court has ruled that the government violates property rights – it commits a ‘taking ‘ in violation of the Fifth Amendment – if it tries to use the permitting process to extract conditions that aren’t related to the impact of the proposed development.”


POLITICAL:Can the President Kill You?

Friday, March 16, 2012

http://lewrockwell.com/napolitano/napolitano44.1.html

Can the President Kill You?
by Andrew P. Napolitano

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Can the president kill an American simply because the person is dangerous and his arrest would be impractical? Can the president be judge, jury and executioner of an American in a foreign country because he believes that would keep America safe? Can Congress authorize the president to do this?

Earlier this week, U.S. Attorney General Eric Holder attempted to justify presidential killing in a speech at Northwestern University law school. In it, he recognized the requirement of the Fifth Amendment for due process. He argued that the president may substitute the traditionally understood due process – a public jury trial – with the president’s own novel version of it; that would be a secret deliberation about killing. Without mentioning the name of the American the president recently ordered killed, Holder suggested that the president’s careful consideration of the case of New Mexico-born Anwar al-Awlaki constituted a substituted form of due process.

Holder argued that the act of reviewing al-Awlaki’s alleged crimes, what he was doing in Yemen and the imminent danger he posed provided al-Awlaki with a substituted form of due process. He did not mention how this substitution applied to al-Awlaki’s 16-year-old son and a family friend, who were also executed by CIA drones. And he did not address the utter absence of any support in the Constitution or Supreme Court case law for his novel theory.

*** end quote ***

Can you say: “star chamber” or “kangaroo court”?

Obviously, the answer is yes. It was “yes” at Waco, Ruby Ridge, and the Pihilly AIM house.

“We, The Sheeple” let “them”, politicians of both flavors, get away with it.

When do “we” stand up and say, “stop”!

# – # – # – # – #  2012-Mar-08 @ 21:19

 

 

 

 


INTERESTING: Laptop encryption is the crux of a Fifth Amendment issue

Tuesday, February 21, 2012

http://arstechnica.com/tech-policy/news/2012/02/feds-urge-court-to-reject-laptop-encryption-appeal.ars

Feds urge court to reject laptop encryption appeal
By David Kravets, wired.com

*** begin quote ***

Colorado federal authorities seized the encrypted Toshiba laptop from defendant Ramona Fricosu in 2010 with valid court warrants while investigating alleged mortgage fraud, and demanded she decrypt it.

Ruling that the woman’s Fifth Amendment rights against compelled self-incrimination would not be breached, US District Judge Robert Blackburn ordered the woman in January to decrypt the laptop by the end of February. The judge refused to stay his decision to allow Fricosu time to appeal.

*** end quote ***

Would someone please explain how this is not being compelled to testify against one’s self?

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LIBERTY: Gooferment fails to protect property rights

Friday, January 27, 2012

http://lewrockwell.com/napolitano/napolitano37.1.html

How Much Economic Freedom Do We Have in the United States?
by Andrew P. Napolitano

*** begin quote ***

The root of economic freedom is the recognition of the right to own private property. That includes the right to utilize it unmolested, to dispose of it without anyone’s permission and to exclude anyone from it, even the government. Suffice it to say, no American president since the advent of the income tax and the Federal Reserve 100 years ago has fully accepted or meaningfully defended that right. The more the government extracts in taxes and the more it inflates the money supply, the more it rejects and assaults property rights.

*** and ***

There is not a single example in human history of central economic planning producing more prosperity than a free market. The framers understood that. That’s why they wrote a Constitution that prohibited an income tax, forbade the states from interfering with contracts, and prevented the feds from taking life, liberty or property without due process. All those constitutional prohibitions have been nullified by amendment or disregarded by consensus.

*** end quote ***

From the diktats (i.e., what the politicians call “laws” and “regulations”) that deprive folks of their property, to the taxes and inflation to just steal their wealth, we have no property rights.

In New Jersey, the real estate property tax mostly to support the Gooferment Skrules turns owners into defacto “renters.

How can you think we are free?

# – # – # – # – #  2012-Jan-20 @ 09:32


TECHNOLOGY: Yeah, “you” stopped SOPA and the next day the Feds seized MEGAUPLOAD without a trial

Friday, January 20, 2012

Yeah, big deal.

Everyone put black on, and the politicians and bureaucrats executed a site the next day.

Bet they were just cowering in their boots at the protest.

Yeah, “afraid enough” to sput in everyone’s “eye”!

Argh!

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