Current Indicator Threat Grade
No or UNKNOWN RISK
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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.”
When and where the indicator LIFE, LIBERTY, or PROPERTY is DEPRIVED without DUE PROCESS has happened
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.
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
Primary References
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None
Full Indicator Record
Indicator Historical Trend
Today
2017-01-21
Grade | Date | Headline | Source |
---|---|---|---|
LOW | 20 Sep 2021 | FBI seizing safe deposit boxes and telling judges the target's income too low to have that much money | [Yahoo] |
SEVERE | 17 Aug 2021 | DEA Seized an Innocent Man's Life Savings without Charging Him with a Crime | [Boing Boing] |
HIGH | 08 Feb 2021 | Senate to Violate Constitution, strip POTUS 45's 5th Amendment Rights at Impeachment Trial | [National File] |
LOW | 07 Jan 2021 | DC Police Barricade President's Supporters in Hotel | [100PercentFedUp] |
LOW | 02 Jan 2021 | NY Senate Bill to allow Governor to imprison COVID carriers without a court order | [RT] |
HIGH | 05 Oct 2020 | Pennsylvania Cops Are Still Abusing Asset Forfeiture to Help Themselves to People's Cash | [Techdirt] |
HIGH | 27 Mar 2020 | TX Gov Executive Order Mandates 14-Day Quarantine for Fliers Arriving from New York Tri-State Area, New Orleans | [Texas.gov] |
HIGH | 27 Mar 2020 | RI State Police Arresting and Quarantining Passengers of Cars with NY Plates | [Boston Globe] |
HIGH | 21 Mar 2020 | DOJ seeking to detain people indefinitely without trial during emergencies | [Politico] |
LOW | 13 Mar 2020 | Ninth Circuit Court Delays Bundy Hearing due to Coronavirus | [KTNV] |
SEVERE | 15 Feb 2020 | Florida Judges Have Ordered 3,5000 Seizures of Firearms without Probable Cause | [AP] |
HIGH | 05 Sep 2019 | Federal Judge Rules Terror Watchlist Violates Right to Due Process | [CNSNews] |
SEVERE | 31 Jul 2018 | 450 Floridians, deemed by judges to possibly be a threat, ordered to give up their arms | [SHTFplan] |
HIGH | 22 Jul 2018 | Illinois Gov signs law making State the 13th to empower police to confiscate arms without warrant | [YouTube] |
LOW | 13 Jun 2018 | Special Counsel fearmongers about 'election interference' to try to hide evidence from defendants in Russian trolls case | [Law and Crime] |
HIGH | 29 Apr 2018 | ICE held an American in custody for 1,273 days until citizenship proved | [LA Times] |
HIGH | 25 Apr 2018 | Chicago is trying to pay down its debt by impounding innocent people’s cars | [Reason] |
HIGH | 07 Mar 2018 | Seattle police begin gun confiscation: No laws broken, no warrant, no charges | [SHTFplan] |
MOD | 28 Feb 2018 | POTUS: 'Take the guns first, go through due process second' | [The Hill] |
HIGH | 23 Dec 2017 | DOJ opens probe into Bundy Prosecutors who hid evidence | [Daily Caller] |
HIGH | 23 Dec 2017 | Reports of more Brady violations in Bunkerville Case | [Redoubtnews] |
HIGH | 28 Nov 2017 | DA uses $3.3 million in asset forfeitures to fund massive public employee 'bonuses' | [ZeroHedge] |
MOD | 22 Jul 2017 | AG heads in opposite direction of Congress and States on civil asset forfeiture | [Daily Signal] |
SEVERE | 09 Jul 2017 | 20 armed IRS agents seize, auction off dressmaker store within hours | [Dallas News] |
HIGH | 27 Jun 2017 | House and Senate bills to halt civil asset forfeiture languishing in committee | [Forbes] |
HIGH | 27 Jun 2017 | Man jailed 90 days until drywall powder found to not be cocaine | [CBS] |
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] |
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 | [Theherald-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 | [OPB] |
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 | [Theantimedia] |
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] |