Tag Archives: fifth amendment

Michigan court rules against civil forfeiture

Good news: The Michigan Court of Appeals has ruled that civil forfeiture denies citizens their due process rights under the Constitution. As the court wrote:

“Because of her indigency and inability to pay the required bond, [Kinnon] was excluded ‘from the only forum effectively empowered to settle [her] dispute.’ … Ultimately, Michigan’s civil asset forfeiture scheme operated to deprive [Kinnon] of a significant property interest without according her the opportunity for a hearing, contrary to the requirements of the Due Process Clause.”

This shouldn’t be rocket science, as the language and intent of the Fifth Amendment to the Constitution is quite plain.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The problem today is that this has become rocket science. Too many people either don’t know this plain language, or work dishonestly to distort it to empower government to oppress us.

Puerto Rico debt restructuring signed into law

A law written by Republicans and signed today by President Obama will allow the federal government to restructure Puerto Rico’s debt and freeze bonds owned by American citizens.

The article notes correctly that the restructuring of those bonds is essentially in direct violation of the fifth amendment, which states that no American can “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” The article also notes that the law includes provisions that nullify the right of those citizens to go to court to challenge it.

The webpage that published the article is a big Trump supporter. And who can blame them when the Republican party works hand-in-glove with the Democrats to nullify the Bill of Rights. As they note, “Not hearing any shouts or screams from Mark Levin, Ted Cruz or Mike Lee are you? Yeah, funny that… Remind me what ‘conservative’ means again?”

As my readers know, I am not a fan of Donald Trump, and do not expect him to do anything different than the Republicans and Democrats who passed this unconstitutional law. Yet, I also understand why he is doing as well as he is. The American public is not being represented in any way by those in power, and thus the public wants someone outside that cartel to shake things up.

Democratic Senator condemns idea of due process

Fascist: Senator Joe Manchin (D-West Virginia) today argued that the idea of due process, enshrined in the fifth amendment of the Bill of Rights, must go.

“The problem we have—and really, the firewall we have right now, is due process. It’s all due process. So we can all say, ‘yeah, we want the same thing,’ but how do we get there. If a person is on a terrorist watch list like the gentleman—the shooter—in Orlando, he was, twice by the FBI, we were briefed yesterday about what happened. But that man was brought in twice. They did everything they could. The FBI did everything they were supposed to do. But there was no way for them to keep him on the nix list or keep him off the gun buy list. There was no way to do that. So can’t we say that if a person is under suspicion, there should be a five year period of time that we have to see if good behavior, if this person continues the same traits? Maybe we can come to that type of an agreement. But due process is what’s killing us right now. [emphasis mine]

If you had any doubt about the fascist direction in which the Democratic Party is heading, this one quote should end that doubt. They have already demanded that the first and second amendments be changed or removed. Now Manchin, who is supposedly a moderate Democratic, is calling for the end to the fifth amendment. Apparently, the idea of liberty as expressed by the Bill of Rights is something that Democrats no longer support. And if you vote for them, you no longer support it as well, making you as much a fascist as they are.

Gun confiscation begins in New York.

Gun confiscation begins in New York.

Not only does this violate the second amendment, it also violates the fifth amendment, which states that no private property shall “be taken … without just compensation.”

I am so glad I moved out of that fascist state back in 1997.

“The implication that Mr. Cunningham may have engaged in criminal conduct with respect to Fast and Furious is a major escalation of the Department’s culpability.”

“The implication that Mr. Cunningham may have engaged in criminal conduct with respect to Fast and Furious is a major escalation of the Department’s culpability.”

Mr. Cunningham is a Department of Justice lawyer. The “Department” is the Department of Justice itself. And “Fast and Furious” was the Obama administration’s project to allow about 2000 guns to be smuggled illegally into Mexico, for reasons that remain inexplicable.

Though Cunningham has the right to take the fifth, it should immediately disqualify him from his job, and the Obama administration should fire him. That they don’t tells us a lot about their own culpability in the Fast and Furious gun smuggling scandal. As Issa wrote in his letter to Eric Holder on Tuesday,

Mr. Cunningham’s broad assertion of his Fifth Amendment privilege raises the specter that the Department has allowed him to continue in his position as Chief of the Criminal Division knowing that he might have criminal culpability himself.

You can read Darrell Issa’s (R-California) full letter to Eric Holder here. [pdf]