I don't have emotions on this matter and I don't care what you think and I haven't stated my actual opinion. The authority on this matter are the courts.
The courts have evaluated civil forfeiture under
4th amendment arguments
5th amendment arguments
6th amendment arguments
8th amendment arguments
14th amendment arguments
and only found the 8th amendment argument against excessive fines to hold some weight, but not to undo civil asset forfeiture but only clarifying that the 8th amendment actually applies to the states.
if you want the executive branches to act differently and the courts to rule differently then you have to change what the legislature allows them to do.
like I wrote, just because something is constitutional doesn't mean we have to do it.
i might even write a comment about how thats the most effective way to change the reality, I wonder if people will read that part though, what do you think?
https://www.ted.com/talks/adam_foss_a_prosecutor_s_vision_fo...
If people with the power to, start making more use of these discretionary powers, it can make a big difference without having to overturn the seemingly extensive jurisprudence.
Some legal hacking.
As an anecdotal experience, I have been convicted of a felony and allowed to keep the cash in my possession by the judge, which was not SOP. I guess I had made an impression. No snitching involved.
The president and congress are just as sworn to upheld it, and with respect to several portions of it (e.g. impeachment) are the only arbiters of what it means. With the rare exception of cases where the Supreme Court has original jurisdiction [1] - congress is even allowed to replace the Supreme Court with a new final court of appeals. The Supreme Court has surprisingly little constitutional power if Congress decides to sideline them.
[1] > In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction
[2] (Emphasis added) > In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
And again, in theory Congress can make exceptions to it, but in the end its still up to the Supreme Court to decide that they make sense. A piece of paper has no meaning in and of itself.
Otherwise this comment (and the one you copy-pasted) looks like knee jerk damage control.
Of course, by this point, other people have seen through your rhetoric and have adjusted your comments score accordingly.
The difference is people must actively defend the constitution, on it’s own it’s just a document without lawyers or legal standing to defend itself.