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The
Below Comments Relate to this Newslink:
| Comment by:
PHORTO
(3/8/2019)
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"Critics of the bill, also known as an Extreme Risk Protection Order (ERPO), have said it is unconstitutional."
And it is. The due process burden for removing rights and property requires an adversarial hearing, not an ex parte hearing. The respondent must be given the opportunity to face accusers, cross-examine witnesses, and present witnesses and evidence in his own behalf, with a subsequent ruling that establishes probable cause for a search and seizure warrant. To constitutionally suspend a subject's rights, an actual crime (or criminal/violent mental history) must have occurred to begin that process, not a POTENTIAL crime.
No executive, legislature or court has the power to circumvent that constitutional guarantee. |
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| QUOTES
TO REMEMBER |
| "Secrecy is the keystone of all tyranny. Not force, but secrecy ... censorship. When any government, or any church, for that matter, undertakes to say to it's subjects, 'This you may not read, this you must not see, this you are forbidden to know,' the end result is tyranny and oppression, no matter how holy the motives. Mighty little force is needed to control a man whose mind has been hoodwinked; contrariwise, no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him." --Robert A. Heinlein, "Revolt in 2100" (Pg. 68-69, Baen Books paperback edition, 1999 printing) |
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