WORD TO PUNDIT: Civil asset forfeiture without cause IS illegal.
The Peoples’ law, supreme above any enactments of Congress and any pretenses of authority for such enactments by congressionally-selected jurists, plainly makes it illegal for the state to deprive any person of property without due process of law or to take private property for public use without just compensation in its Fifth Article of Amendment. (The same is found, in one way or another, in every individual state Constitution, too.)
Congress can make no law authorizing “civil forfeiture without cause.” Every act of seizing property from someone without due process and/or without just compensation is the act of an outlaw. In fact, it is for the suppression of just such acts that the United States and the several state governments are instituted.
Your title should be, ‘What Do We Do About A Government That Acts Illegally?’
BUT WAIT — THAT'S NOT ENOUGH... Let’s not forget that civil asset forfeiture is just one offense of many. Consider, for instance, that Congress can make no law authorizing searches and seizures other than by a particularized warrant based on sworn probable cause. Nor, to pick another example, can it authorize a non-apportioned direct tax, either. See http://losthorizons.com/Documents/TheFourth.htm and http://losthorizons.com/TaxFraud.pdf.
Every capture of data without such a warrant as its basis and every collection of a tax on non-privileged activities without apportionment are also the acts of outlaws. Again, it is for the suppression of such offenses that the United States and the several state governments are instituted. And again, these few examples are just a handful of the total.
Your title REALLY should be, ‘What Do We Do About A Government That Refuses To Do Its Job And Instead Acts Illegally Pretty Much 24/7?’
In fact, calling for “civil asset forfeiture without cause” or any other offense against the Constitution to be made illegal, as you have done, is an enablement of government’s illegal behavior. It is a buy-in to the state-serving and servile notion that laws mean what the government wants them to mean, or whatever it says that they mean.
The truth is quite the contrary. Laws mean what their makers intended when imposing them, and the meaning of laws placing restrictions or obligations on the state can never be subject to determination by any organ of the state.
There is no latitude and there are no exceptions, even if the effort to evade the law is done under some pretense of judicial interpretation or congressional enactment. Change your title.
UNFORTUNATELY, the kind of reflexive subordination of the fundamental law to secondary, government-enacted legislation or judicial construction on display in this forelock-tugging pundit’s article is now deeply embedded in the American psyche. The sad fact is, over the last three or four generations many Americans have been successfully saddled with a progressivist confusion of the state with the People.
This confusion leads to the state-serving notion that whatever elected and appointed officials do reflects the will of the People and therefore can be seen as an authorized amendment of the People's law. Welcome to the “living Constitution.”
Overall, the effort to confuse the People with the state is part of the “engineered consent” program begun by the Wilson administration under the direction of Sigmund Freud’s nephew, Edward Bernays. The object then was to quell dissent against drafting American boys and sending them off to die in the mud in France. But once the program’s efficacy had been demonstrated, new purposes were found aplenty, and the operators of the state never looked back.
Few government programs have been so successful. Few have been so harmful to the wellbeing of the American people.
SO, TEACH YOUR CHILDREN WELL. Don’t let them confuse the state with the People, or imagine that the operators of the state can “interpret” or construe or enact in any way contrary to the Constitution. Learn to call things by their true names and denounce the acts of government outlaws for the crimes and violation of oaths that they are.
Never let the bad guys control the terms of the debate. Read the riot act to any brain-dead pundit who says, “There ought to be a law...!” when there already is one.
OH, AND BY THE WAY, there IS an answer to the question that should have been asked as the servile pundit’s article title: ‘What Do We Do About A Government That Refuses To Do Its Job And Instead Acts Illegally Pretty Much 24/7?’ Here is that answer: http://losthorizons.com/Documents/CtCLife.htm
“It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error.”
-U.S. Supreme Court Justice
Robert H. Jackson
“A free people claim their rights as derived from the laws of nature, and not as the gift of their chief magistrate.”