Taxation isn't covered by the takings clause because taxation is in the constitution the same as the takings clause is. That's an easy one. This, on the other h

Taxation isn't covered by the takings clause because taxation is in the constitution the same as the takings clause is. That's an easy one. This, on the other hand, isn't a tax, it's a fine, i.e. a punishment. And punishments are the domain of judges.