2 ms·
People in this thread seem to be a little confused about amendments. The constitutional case against CAF is strongest in the Due Process Clause of A5: >No pers
by scythe 6y ago
People in this thread seem to be a little confused about amendments. The constitutional case against CAF is strongest in the Due Process Clause of A5:
>No person shall be [...]; nor be deprived of life, liberty, or property, without due process of law.
The SCOTUS interpretation of this clause allowing civil asset forfeiture was written by Rehnquist in 1996 Bennis v. Michigan, because the acceptance of such forfeitures was too "firmly fixed" to displace:
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6918&context=jclc https://scholarlycommons.law.northwestern.edu/cgi/viewconten...