Federal Land Ownership: Is It Constitutional?

A 2005 University of Colorado Law Review article by Robert G. Natelson of the Independence Institute titled “Federal Land Retention and the Constitution’s Property Clause: The Original Understanding” attempts to answer that question by carefully examining the historical record against conservative and liberal interpretations of the Property Clause of the Constitution.

Details

Reserved to the states respectively, or to the people

EDITOR’S NOTE: St. George Tucker was one of the most influential legal scholars of the early American republic. His View of the Constitution of the United States was the first extended, systematic commentary on the Constitution after it had been ratified by the people of the several states and amended by the Bill of Rights. And his Blackstone’s Commentaries, from which the following excerpt originates, was the major treatise on American law in the early 19th century. Lawyers arguing before the Supreme Court of the United States would frequently cite to Tucker’s Blackstone - more often than any other commentator until 1827.

Details

NSA general warrants are a crime

Last week, National Intelligence Director Gen. James R. Clapper sent a brief letter to Sen. Ron Wyden, D-Ore., a member of the Senate Intelligence Committee, in which he admitted that agents of the National Security Agency (NSA) have been reading innocent Americans’ emails and text messages and listening to digital recordings of their telephone conversations that have been stored in NSA computers, without warrants obtained pursuant to the Constitution. That the NSA is doing this is not newsworthy — Edward Snowden has told the world of this during the past 10 months. What is newsworthy is that the NSA has admitted this, and those admissions have far-reaching consequences.

Details

Probable Cause: Linchpin of the 4th Amendment

The Foreign Intelligence Surveillance Act (FISA) court has been issuing general warrants to the National Security Agency (NSA) since 1978, but it was not until last June that we learned that these general warrants have been executed upon the telephone calls, text messages, emails, bank records, utility bills and credit card bills of all persons in America since 2009.

Details