Fourth Amendment

CHQ Rallies Conservative Leaders To Defend Fourth Amendment

Led by CHQ Chairman Richard A. Viguerie, American Target Advertising President of Corporate Affairs attorney Mark Fitzgibbons, Former Virginia Attorney General Ken T. Cuccinelli, III and CHQ Editor George Rasley a group of 35 prominent conservative leaders has submitted comments to the Consumer Financial Protection Bureau demanding the bureau respect the protections of the Fourth Amendment.

Judgeless Administrative Searches Endanger Speech And Other Rights Shielded By The Fourth Amendment

Mark J. Fitzgibbons, The Daily Caller

The key difference between the British and American constitutions is that ours is written so that legislatures could not override it. Judges should enforce this paramount law over legislative acts. CIDs and expanded warrantless administrative searches are very much part of what the Fourth Amendment was written to prohibit, and unstopped will jeopardize other rights that the Amendment shields.

Mr. Hogg's Revolution

What I concluded after looking at history is that if you are in America today, there’s nowhere in the world left to flee if you want to be free. This is it; if Mr. Hogg’s revolution wins and liberty dies here, then it dies everywhere for generations to come.

CIDs Dangerous Anti-Fourth Amendment Weapons of the Administrative State

Civil Investigative Demands have become weapons of the administrative state. They have even exceeded their New Deal origins, and have become perhaps the most dangerous institutionalized violation of the Bill of Rights.

Oklahoma Secretary Of State ‘Doxxes’ O’Keefe Donors

Mark J. Fitzgibbons, Daily Caller

The negligence of the Oklahoma Secretary of State in doxxing confidential tax return information is encouraged in the consequence-free environment for government lawbreaking. A perp walk and prosecution at the IRS would have focused the minds of government officials who handle confidential information.

SCOTUS and the Spy in Your Pocket

Mark J. Fitzgibbons, American Thinker

The Supreme Court recently heard oral argument in Carpenter v. U.S. about whether the Fourth Amendment protects cell phone data held by the phone companies. The case has potentially major implications for privacy in the digital age. The original meaning of the Constitution can or should apply to today’s technology and media. Information is as dear and valuable as any paper or other possession, and seems to be compatible with the original meaning of "effect" in the Fourth Amendment.

Mueller, Deep State ignore lessons from 17th century England

Mark J. Fitzgibbons, American Thinker

The Mueller team, Lois Lerner, James Comey, Susan Rice, Loretta Lynch, and others have used the power of prerogative in favor of the progressive deep state and against those who have challenged the embedded power that is quintessentially at odds with Anglo-American constitutional principles. They are what helped give rise to the constitutional conservative movement, the Tea Party, and Trump’s army of deplorables.

SCOTUS Case Could Decide Who Has Rights to Your Cell Phone Data

Mark J. Fitzgibbons, CNS News

Understanding the property interests of the Fourth Amendment, as Justice Neil Gorsuch does, not only helps clarify why the Amendment naturally extends to a sense of privacy, but demonstrates the Amendment’s amazing importance in the constitutional fabric of our society, and why it is a key protection against a police state.

First They Will Take Your Dogs, Then They Will Take Your Guns

Messing with an American's dogs and guns is a fast way to start a revolution, but that's just what may be in the offing if a ruling by a U.S. District Judge in Michigan becomes precedent.

Is Your Dog 'Contraband'?

Mark J. Fitzgibbons, American Thinker

American police are under dangerous and disgraceful assault by radical leftwing anarchy forces. Police assassins and lawsuits have created an atmosphere of fear and intimidation about doing police work in communities. This is not only dangerous for the police who risks their lives on a daily basis to protect us, it weakens our safety; it is contemptuous of their families. America may have the worst ruling class in its history, and Donald Trump knows that. Our police need support, and not judicial decisions or political policies that raise the temperature among ordinary citizens.

Digital privacy bill still abandons probable cause for our papers

Mark J. Fitzgibbons, The Hill

Administrative subpoenas are in fact impossible to reconcile with the Fourth Amendment. The very premise of the ECPA Modernization Act is that government may not violate the security of private records unless a judge has issued a warrant after hearing probable cause under oath that facts indicate a law is being broken. Government officials will exploit this expressly sanctioned loophole in the bill and subpoena emails directly from their targets in this probable cause-free administrative subpoena regime. Neither digital nor hard records will be safe from unreasonable government searches and compelled disgorgement.

Dear Russian Agents, Send Help

Please, send us what you have so we can better expose the deceit and hypocrisy of those who would fundamentally change America by undermining the rule of law and liberty. And maybe – just maybe – the GOP in Washington will see that what’s happening from within to undermine our constitutional republic and way of life is nearly as horrible as what you Russians are trying.

Indiana Supreme Court: 2nd Amendment Rights Protected by 4th Amendment

AWR Hawkins, Breitbart

In a May 9 ruling regarding a case where an individual was “detained and questioned,” then arrested for possessing a gun, the Indiana Supreme Court ruled that Fourth Amendment protections cover individuals who are exercising Second Amendment rights as well.

Neil Gorsuch should be hailed by privacy advocates

Mark J. Fitzgibbons, American Thinker

Digital-age privacy advocates should be thrilled with President Trump's nomination of Judge Neil Gorsuch to the Supreme Court precisely because he is a superb originalist.  Gorsuch won't disappoint law-and-order types, either.  Unlike ideologues who focus on judicial outcomes, Gorsuch's application of originalism will satisfy the needs of law, order, and liberty.

Would You Like A Government GPS Microchip Implanted?

Once the power to track someone is granted to the Department of Justice the criteria for tracking will surely expand. We urge CHQ readers to call Congress (the Capitol Switchboard is 1-866-220-0044) to tell your Representative to oppose H.R. 4919 when it comes up under suspension later today.

Liberal State AG’s Climate Speech Warrants Violate the Separation of Powers

Mark J. Fitzgibbons, CNS News

Unilaterally issued administrative warrants like the ones used in the state climate speech probes are institutional violations of, and impossible to reconcile with, the Fourth Amendment. Until Congress and state legislatures act to eliminate their use, executive branch officials will continue to employ them to infringe on the right of political, scientific, and other dissent.

America's Actual Biggest Lawbreaker

Mark J. Fitzgibbons, American Thinker

Government violations of the Constitution happen every day across the country. Such conduct is properly called “illegal.” Through court opinions and legislative acts, these illegal government acts have supplanted the supreme law over government, and have helped make government America’s biggest lawbreaker.

Liberal AG’s Climate Change Probes Abuse Fourth Amendment to Upend First Amendment

Mark Fitzgibbons, CNS News

It seems that some liberal politicians believe it is acceptable to infringe on Second Amendment rights without due process guaranteed by the Fifth Amendment, while other liberal politicians love to infringe on First Amendment rights by evading the Fourth Amendment, which was supposed to protect papers and effects from unreasonable searches.

Donor privacy is dark money? Nonsense!

Roger Craver and Mark Fitzgibbons, The Hill

Attacking donor privacy by insinuating it has a negative influence on politics completely ignores its positive influence. It’s not just the right of liberals to band together through associations to criticize Republicans, or conservatives associating to criticize Democrats; donor privacy also protects liberals criticizing Democrats, and conservatives criticizing Republicans. Donor privacy also helps protect criticism of the IRS, the National Security Agency, Wall Street and other powerful institutions.

Conservative Leaders Demand Hearing On IRS Privacy Violations

Conservative leaders are fighting serious violations and evasions of the Internal Revenue Code by California Attorney General Kamala Harris and New York Attorney General Eric Schneiderman. Harris and Schneiderman have engaged in illegal disclosures of confidential donor names and addresses that a federal judge called a "pervasive, recurring pattern of uncontained Schedule B disclosures...".