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Home > Forums > The Open Forum
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Judicial restraint vs. activism. OK. How does "deciding narrowly" figure into that?

Author: NedoftheHill (44729 Posts - Joined: Jun 29, 2011)
Posted at 9:50 pm on Feb 3, 2019
View All

There is no way that civil forfeiture is constitutional. It is seizure without due process. If confiscating money without hearing or trial or anything is ok, when the Constitution specifically states that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated," then anything goes. Allowing civil forfeiture is judicial activism in its purest form.

This message has been edited 1 time(s).

Evil preaches tolerance until it is dominant, then it tries to silence good.

Replies to: "Judicial restraint vs. activism. OK. How does "deciding narrowly" figure into that?"

  • Don't drive while in possession of cash. - NedoftheHill - 12:07pm 2/3/19 (14) [View All]
    • Republicans should have allowed Obama his SC justices - this issue would have been fixed - jimbasil - 1:57pm 2/3/19
      • Total nonsense. [NT] - NedoftheHill - 9:53pm 2/3/19
        • Let's revisit this post after this June's decision, Ned. [NT] - BaronVonZemo - 12:05am 2/4/19
      • We will get to see soon how much smoke you are blowing. it's headed to the SCOTUS this session. [NT] [LINK] - BaronVonZemo - 3:38pm 2/3/19
    • There are hundreds of examples, no trial, not even guilty, bye bye moola. [NT] - Rooster - 12:59pm 2/3/19
    • There is an unreasonable fines/forfeiture case before SCOTUS this term. Should be interesting. - Frank L - 12:09pm 2/3/19
      • If there is justice, SCOTUS will once and for all declare civil forfeiture unconstitutional. - NedoftheHill - 12:28pm 2/3/19
        • Well Roberts is now the fifth, so expect some incremental improvement, but not a broad pronouncement [NT] - Frank L - 12:45pm 2/3/19
          • This issue is not really partisan, though. It's libertarian vs. statist, not right vs. left. - NedoftheHill - 1:07pm 2/3/19
            • Agree, but you are also talking judicial restraint versus activism. Roberts likes to decide - Frank L - 1:19pm 2/3/19
              • Judicial restraint vs. activism. OK. How does "deciding narrowly" figure into that? - NedoftheHill - 9:50pm 2/3/19
                • As usual you overstate things. First of all it’s an excessive fines claim under the 8th Amendment. - Frank L - 10:12pm 2/3/19
                  • Incorrect. No fine is levied and collected. All cash is taken regardless of amount. You are reaching - NedoftheHill - 11:15pm 2/3/19
                    • I don’t think it’s okay. I am predicting what the Court may do. - Frank L - 7:54am 2/4/19
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