Mark Fitzgibbons

Clarity on privacy and marriage

Richard A. Viguerie and Mark Fitzgibbons, The Washington Times

Two issues being hotly contested at the national level this year — government collection of private records as debated through the Patriot Act sunset provision, and the definition of marriage before the Supreme Court — distinguish conservatives from neocons and libertarians. Those two issues also highlight why conservatism is the right blend of principles when it comes to the role of government, constitutional liberty, national defense, economic security and American exceptionalism.

An Ivory Tower Fourth Amendment View to Be Ignored

Mark J. Fitzgibbons, ConservativeHQ contributor and constitutional lawyer, provides a strong rebuttal on Fourth Amendment specialist Professor Orin Kerr's misleading and internally contradictory view of the Virginia House of Delegates' 21st Century Fourth Amendment (HJ 578), which is designed to add clarity for citizens, law enforcement, lawyers and judges on unreasonable search and seizure.

Cuccinelli and Fitzgibbons Call for a Much-Needed Facelift of the Fourth Amendment

We need clarity that mundane tasks of communicating through private emails or storing data in the cloud are subject to clear constitutional protections against government invasion.

Lazy Bureaucrats Will Laud Heien Decision For Years

Mark J. Fitzgibbons, American Thinker

In Heien v. North Carolina, the court has lowered the bar of expectations for the gov't. Those of who are pro-police have every reason to be upset. The majority opinion will be abused by statist bureaucrats at a time when too many already have reason to fear their law-breaking gov't.

Why Nanny Statists Hate the 4th Amendment

Mark J. Fitzgibbons, American Thinker

Why do nanny statists like Obama & Kamala Harris violate the 4th Amendment? It’s a way to deprive citizens, nonprofits & businesses of constitutional rights before they reach the due process stage. It's big-stick intimidation.

Fed Funding For Police Body Cameras Unconstitutional

Mark J. Fitzgibbons, American Thinker

The thought of a law requiring all federal law enforcement officials to be recorded while on duty may be the new Walter Mitty fantasy for conservatives. O's call to fund cameras has no constiutional support.

Obama Unwittingly Makes Best Case Against Political Speech Laws

Mark J. Fitzgibbons, American Thinker

Obama spoke the truth. Elections are about policy. For fed. or state laws to limit or deny the right to communicate about incumbents however those laws are parsed is to violate the 1st Amend. Obama’s policies & lawbreaking are on the ballot, & those who supported or conceded to them are complicit.

Contemptuous Assault on Constitution by Obama IRS Unmasked

Mark J. Fitzgibbons, American Thinker

The Obama IRS has a de facto war on Americans protecting our foundations based in the rule of law governing gov't itself. Thanks to Professor Rosenkranz for finding what the Congress and entire US press seem to have missed since May '13.

Outrageous IRS False Claim: 'We Follow the Law'

Mark J. Fitzgibbons, American Thinker

IRS Commissioner John Koskinen made a disturbing statement before Congress that the IRS follows the law “whenever we can.” As Thomas Lifson wrote, “The law, to Koskinen, evidently is a suggestion, not an ironclad requirement.” Actually, the situation is even worse than that.

Impeach Lois Lerner and Government Lawbreakers

ConservativeHQ contributor Mark Fitzgibbons and Senate Conservatives Fund president and former Virginia Attorney General Ken Cuccinelli are calling for the House to formally punish government lawbreaker Lois Lerner via impeachment.

Lois Lerner and The Do-As-I-Say, Not Do-As-I-Do Bureaucratic Disease

Lois Lerner was a law enforcement zealot who obviously didn’t exactly practice what she preached. She’s far from alone among mostly unaccountable government bureaucrats. How much lawbreaking by government bureaucrats is enough?

House's Proposed Citizen Lawsuits vs. Bureaucrats Would Discourage Future Lerners

Mark J. Fitzgibbons, Washington Examiner

Just as the bad guys in America’s private sector need the accountability that comes with the potential of being sued, the Lerners in government need a dose of such consequences when they intentionally violate the laws.

Lawsuits Tackle Lois Lerner Syndrome Among State AG's

Mark J. Fitzgibbons, Washington Examiner

Lois Lerner wasn't the only government official unlawfully trying to upend through backdoor channels the Supreme Court's Citizens United decision.

Would a Boehner v. Obama Lawsuit Weaken or Strengthen the Constitution?

While the merits of any lawsuit against President Obama for abusive unilateral actions may seem clear, the issue of congressional standing is anything but that. And John Boehner is no constitutional strategist. 

Tea Party Suit Shows Why We Need Remedies Legislation

Mark J. Fitzgibbons, American Thinker

The Tea Party lawsuit against IRS moves forward over a motion to dismiss, but the judge dismissed claims to hold individual IRS officials personally liable for intentional violations.  

Reagan Knew How to Prevent Local Gov't Abuse of Property Rights

Mark J. Fitzgibbons, American Thinker

It's time for these Reagan-era property rights reforms to become law, and correct a poorly informed judge-made doctrine that allows localities to mess with our homes, our “castles.”

Live from FreedomFest: An Interview With Property Rights Heroine Martha Boneta

No citizen should be put through what Martha Boneta has faced to protect her liberty and basic rights from abusive government at any level.

Boneta Bill Passed; Virginians Need Teeth Against Zoning Abuses

Mark J. Fitzgibbons, Fauquier Free Citizen

The Boneta Bill will lessen the need for litigation by giving localities incentive to enact and enforce zoning ordinances without violating property and other constitutional rights. It is targeted at the bad, and protects the good. Virginians regardless of political affiliation need this legislation.

A Lawsuit Against Arrogant Government Sparked American Independence

In 1761 James Otis litigated against the Writs of Assistance. He argued brilliantly against these instruments of arbitrary power as destructive of liberty and the fundamental principles of law. Otis lost the case, but John Adams would later say, “There and then, the child of Independence was born.”

Independence 'Born' with Lawsuit vs. Bureaucrats

Mark J. Fitzgibbons, American Thinker

Private lawsuits against the IRS and some law-breaking officials, however, are having positive effect, and are certainly doing more than the Department of Justice to hold the government accountable.