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  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    unanimous, too.

    Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties. They can be used, e.g., to retaliate against or chill the speech of political enemies. They can also be employed,not in service of penal purposes, but as a source of revenue. The historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is indeed overwhelming.


    :party29:
     

    PJDiesel

    Banned
    BANNED!!!
    Dec 18, 2011
    17,603
    Of the people, by the people, for the people.

    ALL Government is swollen like a fuggin tick, States and the Feds. Since all they know is tax and spend (BOTH SIDES), they need to learn proper budgeting like the average American family.
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    Does the Gov have to give El Chapo his money back? Or can they still use it to build the wall.

    This was a great Decision!!!!!
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,514
    DE
    Does the Gov have to give El Chapo his money back? Or can they still use it to build the wall.

    This was a great Decision!!!!!

    There is no money. Nothing has been seized. The $14 bil was a guess.
     

    ComeGet

    Ultimate Member
    Sep 1, 2015
    5,911
    This is a great start but only a start. It still allows civil forfeitures, just not "excessive" ones, without definition. It remains a "we'll know it when we see it" thing as to what is excessive. The entire system of taking people's property before they're convicted of anything needs to go away.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    This is a great start but only a start. It still allows civil forfeitures, just not "excessive" ones, without definition. It remains a "we'll know it when we see it" thing as to what is excessive. The entire system of taking people's property before they're convicted of anything needs to go away.

    The way I see it, this case accomplished two major milestones against civil seizure abuse:

    1. It once and for all puts a stake through the heart of any argument by a state that the 14th Amendment doesn't apply to them.
    2. It equates civil forfeitures with criminal forfeitures when the purpose is punitive, and therefore BoR protections apply.

    Lower courts still need to work out what is truly "excessive" in practice, but state and local jurisdictions can no longer avoid the BoR by pretending a punitive legal action isn't covered because it's conducted under civil procedures rather than criminal.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,163
    Emphasis added
    (a) The Fourteenth Amendment’s Due Process Clause incorporates and renders applicable to the States Bill of Rights protections “fundamental to our scheme of ordered liberty,” or “deeply rooted in this Nation’s history and tradition.” McDonald v. Chicago, 561 U. S. 742, 767 (alterations omitted). If a Bill of Rights protection is incorporated, there is no daylight between the federal and state conduct it prohibits or requires. Pp. 2–3.

    Maryland and other states anti gun laws should be very afraid.
     

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