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March 02, 2021

What is the Takings Clause of the 5th Amendment?

In 2013, the government forced Rose Knick to grant the public access to her farmland after it was rumored to be the location of a former burial site. Rose was offered no compensation in exchange for this requirement to allow would-be grave seekers to trespass on her private farm—a violation of her constitutional rights. You've ...

March 01, 2021

The Hill: Why is Biden’s environmental agenda a government secret?

When President Biden took office a mere 40 days ago with a promise of transparency, accountability and administrative competence, his ascendance was hailed far and wide as a return to "normalcy." On Inauguration Day, Biden Press Secretary Jen Psaki assured the White House press corps of a return to "trust and transparency" in the executive ...

March 01, 2021

Daily Journal: Lease of a lifetime! Can property owners ever challenge San Francisco’s gift to tenants?

Why do people buy retirement homes? To live in them! (It wasn't a trick question.) San Francisco lost sight of that simple truth when it decided that condo conversions presented an opportunity to require property owners to offer their tenants a lifetime lease. Ohio residents Peyman Pakdel and his wife, Sima Chegini, bought a charming ...

March 01, 2021

What is a labor union and why should you care?

With great power comes great responsibility. Yes, this advice applies to teenage superheroes. But it also applies to labor unions, some of the most powerful and influential private organizations in America. When labor unions use their power for good, they help workers join together to negotiate safe working conditions, good salaries, and benefits t ...

February 27, 2021

America’s individualist Constitution

This article originally appeared in the Fall 2017 issue of Pacific Legal Foundation’s quarterly magazine Sword&Scales. PLF exists to establish a rule of law under which all Americans may live free in their pursuit of happiness. We fight to preserve and advance the American ideals of individualism and liberty, and our mission has never bee ...

February 26, 2021

It takes confidence and resilience to fight for your right to equality before the law

The best leaders are those who do not yearn for the spotlight or seek glory. They are the men and women who step up to the plate when necessity demands and are resilient in the face of all obstacles. After Colorado Governor Jared Polis issued emergency orders to shut down nonessential businesses during the spread ...

February 25, 2021

Frequently asked questions about Cedar Point Nursery v. Hassid

What's at issue in this case?  The right to exclude trespassers is a fundamental part of property rights. California's unconstitutional access rule allows a favored third party, in this case unions, to invade a business's property for three hours a day, 120 days a year.   What’s the law in question in the case?  Cedar Poin ...

February 25, 2021

Jefferson City News Tribune: The Missouri Legislature should heed the cries of its constituents and rein in emergency powers

Small business owners from all over Missouri came to a small hearing room in Jefferson City to pour out their hearts and plead legislators for relief from government overreach in its response to COVID-19. These business owners weren't asking for a handout. They weren't arguing against mask mandates or claiming COVID-19 is a hoax. These ...

February 23, 2021

The Fourth Amendment to the Constitution: A Primer

The Fourth Amendment is among the most sacred safeguards of individual liberty embedded in our Constitution. The amendment reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by O ...

February 22, 2021

The Magna Carta, property rights, and the right of exclusion

In 1215, a group of powerful barons in England rebelled against the tyrant King John's exercise of arbitrary power, forcing him to sign one of the most important documents in human history: The Magna Carta Libertatum, the Great Charter of Liberties. Before this document came into existence, the king made a habit of traveling around ...