| You're making an assertion of a fact of law when you say:
"Assets used in the commission of a crime can be seized regardless of if you are charged or even found guilty of that crime."
This is the perspective of those who agree with the Asset Forfeiture law. However, the constitution is also the law, and the fourth amendment is pretty clear on the matter. Further, other federal laws make it a crime to violate constitutional rights, due process, etc. If the constitution is the highest law of the land, then every one of these illegal seizures is a crime. If the constitution is not the highest law of the land, then the Asset Forfieture law, which was enacted by congress that was created by the constitution, is null and void because the congress is null and void. Further, in Mabury v. Madison the supreme court ruled that any law contrary to the constitution was null and void the moment it was enacted, not the moment it is struck down. This means everyone participating in these thefts of property without due process are liable for their criminal acts. Due Process requires that a conviction be obtained before seizing assets. If you want to amend the constitution, there is a procedure for doing so. It requires more than just the congress passing a law. |