Commentary: Some Invasions Don’t Require Armies

Amid the growing fears of many Americans that their country is slowly disintegrating, a debate about whether or not the United States is being invaded is bubbling to the surface. At stake is something far more than semantics: the future of the country as we know it may hang in the balance. 

Ducey v. Moore, currently being litigated in an Arizona federal district court, is a case that is testing states’ rights to defend themselves from invasion by Mexican drug- and human-smuggling cartels. In response to the well-documented influx of foreign nationals entering the country illegally, Arizona Governor Doug Ducey placed shipping containers along the state’s southern border to stem the flow. The federal government now claims that the shipping containers violate various federal regulations that it says apply to the Roosevelt Reservation area near the border, and seeks removal of the containers.

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Commentary: Look to the States – Not SCOTUS – for Real Asset Forfeiture Reform

by Tate Fegley   There is a case – Timbs v. Indiana – currently before the United States Supreme Court regarding civil asset forfeiture and whether the excessive fines clause of the 8th Amendment also applies to the states due to the 14th Amendment’s incorporation clause. The petitioner is Tyson Timbs, who became addicted to the opioid hydrocodone after having received a prescription for his foot pain. After his prescription had run out, he bought it from a dealer. After his dealer had run out, he was persuaded to try heroin as a substitute and became addicted. He eventually overcame his addiction but relapsed around the time of his father’s death. Timbs received $73,000 from his father’s life insurance policy and used $42,000 of it to buy a 2012 Land Rover. Wanting to make money to fund his habit, he was convinced by a confidential informant to deal heroin. He made two deals with undercover narcotics agents (each deal for two grams) and, on his way to the third deal, was pulled over and arrested. His Land Rover was seized on the spot. Timbs was charged with two counts of dealing in a controlled substance and one count of conspiracy…

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