Atlanta resident now owes twice the money taken from him after the government loses forfeiture case [More]
What was the history, text, and tradition on asset forfeiture without charges, trial, and conviction at the time the Founders wrote a primary purpose for their compact was “to secure the Blessings of Liberty to ourselves and our Posterity”?
And even before that…?
[Via Michael G]
If you go looking for the history, text, and tradition, you’ll be very disappointed. Rather than forfeiture being a new abuse, it is a very old abuse that was never outlawed. Its origin was in fighting smuggling. Forfeiture was the RICO Act of its day — bending existing law substantially into the green-stick zone, but made legal nonetheless.