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Hands Off! Government Infringements of Civil Liberties.

The current debate topic (civil liberties vs. national security) might naturally leads debaters to other areas of government infringement of civil liberties. Two examples include the recent Supreme Court Kelo decision — which curtails private property rights — and the Racketeer Influenced and Corrupt Organizations (RICO) Act — a U.S. law which allows stiffer penalties for criminal acts performed as part of an ongoing criminal organization.

Private Property, Search & Seizure and the Supreme Court’s Kelo Decision

According to Supreme Court Justice Clarence Thomas, the government’s interpretation of eminent domain invades individuals’ traditional property rights as expressed in the Fifth Amendment of the Constitution.  Today’s courts, for example, too often accept legislative misinterpretations of “public use.” For more information, see: Court opinion on Kelo (pdf) (p 13-14, 52-53 of the pdf)

According to the Institute for Justice, while the Fourth Amendment only permits searches with the individual’s consent or probable cause, government officials increasingly ignore these requirements if the individual rents their home.  The Village, in Illinois, sued two renters for refusing inspection of their home and furthermore, fined the landlord $1,500 for supporting his renters’ constitutional rights.

Also according to the Institute for Justice, New Hampshire violates the Fourth Amendment.  Residents of the state must either allow government inspections for the purpose of property assessment, or forfeit their right to appeal their property-tax assessment.  Furthermore, if the individual refuses inspections, the inspectors may simply get a warrant.

Read RICO the Riot Act?

RICO, originally developed as a weapon against organized crime, now threatens the protections in the due-process guarantees of the Constitution (pdf) , according to some.  In addition, while originally only three federal crimes existed, the RICO Act expanded the number exponentially.

The Reason Foundation says the theory behind the PATRIOT Act and RICO Act are similar: to help ensure prosecutions the federal government otherwise would be unable to enforce.  For example, since Congress cannot regulate fraud, but can regulate interstate commerce, they passed a law declaring it a crime to use the mail to defraud someone.