Courts currently interpret the Constitution to permit government seizure of assets from persons who have not been charged with a crime. How can this possibly be constitutional? How can a society so fundamentally based on the rule of law and individual due process permit the seizure of private property by highwaymen wearing law enforcement uniforms? Can civil property forfeiture in the United States in the 21st century be acceptable? At last, it appears, perhaps the Supreme Court will soon be ready to reconsider this whole subject matter. Justice Clarence Thomas suggested as much, armed with powerful statements casting real doubt on the constitutional validity of civil property forfeiture processes in the U.S.
Let’s outline this subject philosophically. We do so unencumbered by the long, winding, and arguably tortured history of civil forfeiture laws in the United States. We also do so without the use of labels that tend to color conclusions. Continue reading “Civil Property Forfeiture in the United States – An Unconstitutional Approach that Must End”