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The
Below Comments Relate to this Newslink:
| Comment by:
PHORTO
(12/7/2019)
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This analysis is disturbing, in that it claims that the SCOTUS has upheld a priori confiscation of property and suspension of rights without adversarial hearings.
But one thing jumped out at me, and this is a critical point:
"...they do not involve any criminal charges or punishments."
Technically, RF is a civil, not criminal procedure, HOWEVER, the 'punishment' imposed by an ex parte confiscation order imposes a penalty indistinguishable from that imposed by a criminal conviction, without 6th Amendment due process.
'Temporary' or not, it is the removal of a constitutional right and property, de facto.
And that dog don't hunt.
Not by my lights, anyway. |
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| "Judges ought to remember that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law." --Francis Bacon, From "The Essays of Counsels, Civil and Moral" |
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