Why Does the Government Violate the Constitution?

The recent discussion around the violation of the Constitution, especially in the context of civil asset forfeiture (C.A.F.), highlights a fundamental issue in our legal system. This piece explores the origins of the Constitution, the principles it enshrines, and why these principles are being ignored, with a particular focus on civil asset forfeiture and due process.

The Genesis of the Constitution

The Constitution, as a cornerstone of our legal framework, was crafted with great care. It is a document that compiles the agreed-upon principles by the original authors and supporters, who intended to ensure a government that operates under a set of predefined laws. Emphasizing the principles of democracy and the rule of law, the Constitution is, in a broad sense, a culmination of the British model, with significant modifications to remove the monarchy and reduce the risk of tyranny.

Key Points: The Constitution is a reflection of agreed-upon principles. It aims to limit the power of the government to prevent tyranny. Its ultimate execution lies in the hands of the people.

The Role of Civil Asset Forfeiture (C.A.F.)

One notable violation of the Constitution is the practice of civil asset forfeiture. This legal practice originated during the Prohibition era of the 1920s. Proponents of civil asset forfeiture believed it was a necessary tool for combating criminal activities and ensuring that criminals could not profit from their illegal actions. However, this practice has faced significant criticism, particularly from those who argue that it violates the Fifth Amendment, which guarantees due process of law.

Key Issues: Proponents claim it seizes property from criminals without a conviction. Due process requires proof of a crime before property can be seized. Undue and automatic seizing of property is considered theft.

The concept of due process, a fundamental principle in the Constitution, is often overlooked. Due process ensures that the government can only take property if they can prove a crime was committed. Civil asset forfeiture bypasses this requirement, allowing the government to seize property without a conviction, thereby undermining the Constitution's safeguard against arbitrary power.

Example: How can it be taking money from criminals if they are not charged with a crime? This question highlights the absurdity of the practice, as it appears to favor the creation of a criminal organization within government entities like the Department of Justice (DoJ).

Addressing the Cracks in the Constitution

The exploitation of the Constitution by politicians, elites, and powermongers for personal gain has led to significant cracks in our legal framework. Fortunately, the Constitution provides a mechanism for repair through its Article V, which outlines the process for amending the document.

Amendments to the Constitution can be proposed through Congress or by a constitutional convention called for by two-thirds of state legislatures. By leveraging the federalism elements of state power and joining the broader movement to repair the Constitution, the people can enact meaningful change.

Calls to Action: Stay informed about constitutional amendments and proposals. Support movements advocating for constitutional reform. Engage with state governments and representatives to push for changes. Advocate for due process and the rule of law in civic discourse.

Conclusion

The Constitution is a vital document that safeguards our liberties and ensures a government that operates within clear legal boundaries. However, the persistent violation of constitutional principles, such as those highlighted by civil asset forfeiture, jeopardizes the integrity of our legal system. By educating ourselves on these issues and advocating for reform, we can help repair the cracks in the Constitution and ensure a more just and equitable society.