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Charity Regulators and the Fourth Amendment

My piece in The Washington Examiner over the 4th of July explains how our Fourth Amendment rights have been devastated by judges, not by technology.

Charity regulators violate Fourth Amendment rights.  The Protection of Charitable Assets Act (POCAA) being considered by the Uniform Law Commission would create another registration requirement for nonprofits and religious organizations.  An even worse aspect of POCAA is that it is a devious way for charity regulators to violate Fourth Amendment rights.  Charity regulators claim POCAA clarifies an English common law doctrine.  Hint:  the common law preceded the Bill of Rights, so not all common law doctrines apply in the United States.

In my experience, charity regulators are generally ignorant of constitutional rights, or worse, are contemptuous about violating them.  If ever a charity regulator sends you a demand for documents, I urge you to read the Fourth Amendment before responding, and ask yourself whether the demand complies with it:

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 Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

As with nearly any demand from charity regulators, object, object, object, and preserve your rights.

 

July 5th, 2011 | Tags: | Category: Home

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