Constitution of Washington

The court in Aberdeen never reached the question of whether the tax was okay or not under the 14th Amendment.

And in holding that the tax was not okay under the Equal Protection Clause of the Washington Constitution, the court cited a U.S. Supreme Court case that had come out recently.

Well, that U.S. Supreme Court case that was cited and relied upon by Aberdeen and therefore cited and relied upon by Culleton was overturned by the U.S. Supreme Court in 1976.

And in overturning The case, the U.S. Supreme Court said, this case is a relic of a bygone era.

So we have a separate lawsuit.

And we asked the judge to stop the proceeding on the ground that the Kings are entitled to a jury trial under both the Washington Constitution and the Seventh Amendment to the United States Constitution, both of which guarantee jury trials for civil actions.

I mean, guaranteed to a trial, a jury trial before your peers.

Innocent until proven guilty.

Well, sure.

Our arguments, as you might suspect, because they are being surveilled, is a violation of the Fourth Amendment and the equivalent under the Washington state constitution.

So that is an unlawful search and seizure type claim, a violation of the Fifth Amendment sort of takings.

And there's two theories for that.

They want to just track you and store your stuff.

And we're not supposed to live in that kind of society.

So I do – and one of the things we should say is the Washington state constitution seems to be more protective of this stuff than the federal constitution.

Particularly in the Fourth Amendment area, absolutely.