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Constitutional rights Archive



by Edmond Geary

Government Spying — Big Brother has truly arrived

The U.S. Department of Justice has been assembling a nation-wide database of vehicles for tracking their owners and movements. They scan and store license tags in the hundreds of millions, and also record faces. The Drug Enforcement Administration began the tracking of citizens’ license plates so they could seize property gained from drug trafficking.  They…

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by Edmond Geary

Michael Skakel and the American Rights to a Fair Trial

Everyone believes Americans have a right to a fair trial.  Included in the right to a fair trial is the particular right to be effectively represented, to be represented by competent counsel. It is a right under the 6th amendment.  As a constitutional right, when violated, the remedy must be substantial. Michael Skakel just received…

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by Edmond Geary

Police Stop-And-Frisk Campaign Ruled Illegal

To address the abundance of street crime in high crime areas of New York City, the police devised an aggressive stop-and-frisk approach.  They called it TAP, acronym for  Trespassers Affidavit Program.  It used to be known as Operation Clean Halls.  The police approached anyone outside certain housing projects, engaged them, search them, question them and…

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by Edmond Geary

The Right to Silence Does not Come from Silence

Everyone knows from thousands of television programs that someone has a right to silence when arrested.  On television, that right is rarely exercise since it makes better theater to include an interrogation scene.   In real life as well, the right to remain silent is rarely exercised, often because people believe they will look guilty.  But…

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by Edmond Geary

Supreme Court Rules in Favor of Obnoxious Protesters

The United States Supreme Court reminded us again of the power of the First Amendment.  Very few people have had sympathy for the Westboro Baptist Church of Topeka, Kansas, whose members have been appearing outside the funerals held for American service members killed in action in Iraq and Afghanistan.  But today, the Supreme Court decided…

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by Edmond Geary

Big Brother Protects Us

Since the attacks of September 11, 2001, a vast system has grown up to collect information about Americans has grown up.  No one knows how many programs exists within it or even who many people it employs or how much it costs.  It is the largest, most technologically advanced in our history.  It is designed…

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by Edmond Geary

Chicago Gun Laws Follow Supreme Court

The United States Supreme Court recently decided that citizens have a constitutional right to possess a firearm in their home, and that Second Amendment right applies to the states.  That means cities like Chicago have to change their laws regulating the possession of guns. Four days after the Supreme Court decision invalidating Chicago’s gun ban,…

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by Edmond Geary

Right to Remain Silent-Diminished

When you are arrested, you have the right to remain silent. Everyone knows that.  But if you simply maintain silence, the police can continue to question you until you finally talk.  That is the recent ruling from the United States Supreme Court.  If you want to protect your right to remain silent, you must, interestingly,…

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by Edmond Geary

DEA Agent in Jail for Drug Conspiracy

A former A.T.F. agent is in jail, awaiting prosecution for a fabricated drug buy.  Brandon McFadden was an agent for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives for seven years before resigning last year.  He was arrested by the F.B.I. and is now in the Tulsa County Jail awaiting prosecution in U.S. District…

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by Edmond Geary

Oklahoma Laws on Open Carry of Guns

Not to be outdone by Arizona, Oregon, Missouri and other states, the Oklahoma legislature has been considering enactment of a law to permit the “open carry” of firearms.  Various states have various laws permitting such display of guns.  Some states permit such practice only with a permit.  Other states permit the practice but it is…

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