Galt's Gulch
11

Iowa Supreme Court INCREASES Fourth Amemdment Protections!

Posted by $ Thoritsu 6 years, 4 months ago to Government
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So heartening to see some courts acting appropriately, in this case unanimously. This decision is in semi-conflict to the SCOTUS precedent, and further limits government in Iowa!
SOURCE URL: https://blog.tenthamendmentcenter.com/2018/08/iowa-high-court-nullifies-horrible-u-s-supreme-court-fourth-amendment-precedent/

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  • Posted by freedomforall 6 years, 4 months ago
    "Iowa courts “jealously reserve the right under our state constitutional provisions to reach results different from current United States Supreme Court precedent under parallel provisions.”"

    This is how the justice system worked for 70 years under the US constitution. And it should still work this way. The 10th amendment has not been repealed and it should be considered superior to the ridiculous interpretations of the constitution that expand power of federal government over the states.
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  • Posted by DrZarkov99 6 years, 4 months ago
    Thomas Jefferson was a strong supporter of nullification of federal laws that states deemed unconstitutional, but the weapon is rarely used. Too often, people jump immediately to federal courts to challenge rights violations, when they should first look to their state constitutions and courts.
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    • Posted by $ Thoritsu 6 years, 4 months ago
      Marijuana legalization may be the test of this in the near future.
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      • Posted by DrZarkov99 6 years, 4 months ago
        The problem the weed industry is running into is that banks are run by federal regulators. A bank runs the risk of being charged with drug violations by the feds if they service weed growers or sellers. As a result all transactions have to be in cash. A ruling by a state court has no effect on the banking system that can force a change. Nullification won't work there.

        Right now, no legal marijuana operations have been the target of federal law enforcement, so there's no action on criminal charges that could face nullification. Illegal weed operations are being targeted, usually at the request of state governments, as they don't provide tax revenue.
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  • Posted by GaryL 6 years, 4 months ago
    Don't watch any of the "Cop" shows on TV. I see them all the time and in Alaska in particular a guy gets pulled over for some minor infraction while driving and in a flash the cop exceeds his authority without probable cause and wants permission to search the car. You can give him permission or refuse but if you refuse the car is then impounded and searched anyway. Help me here, What country is Alaska in?
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  • Posted by mminnick 6 years, 4 months ago
    An example of States Rights being applied as they term was originally meant, not the perverted meiing ascribe to it by many unaware of history and in origins.
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    • Posted by $ Thoritsu 6 years, 4 months ago
      Many today view the power of government as unlimited until the media points out the narrow view of rights that suits them in leveraging the “underdog” trigger in everyone’s thought process.
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