Tag Archives: From Crime

Forcing #Americansabroad to renounce US citizenship is like #Civilforfeiture – Now “ain’t that America”

Introduction – The general principles of Civil Forfeiture Reexamined

 

Civil forfeiture is becoming increasingly prevalent in the United States and in Western democracies. In it’s simplest form, Civil Forfeiture is a process where governments seize your property without going through the judicial process. Governments love it. It’s efficient, profitable and risk free.  It’s on the rise in both Canada and the United States. It has been the subject of numerous posts at the Isaac Brock Society. Certainly, FBAR penalties and other penalties for “Form Crime” are instances of civil forfeiture. I have argued that OVDP is a form of Civil Forfeiture.

 

Your property, your U.S. citizenship and the forcible taking of your U.S. citizenship

As I have pointed out time after time, after time ….

The Supreme Court of the United States has made it clear that those born or naturalized in the United States have a constitutional right to NOT have their citizenship “stripped from them”. I explored this in:

Cook v. Tait 12: Afroyim v. Rusk, the 14th amendment, and the forcible destruction of citizenship

In Afroyim, Justice Black wrote:

Citizenship is no light trifle 268*268 to be jeopardized any moment Congress decides to do so under the name of one of its general or implied grants of power. In some instances, loss of citizenship can mean that a man is left without the protection of citizenship in any country in the world—as a man without a country. Citizenship in this Nation is a part of a co-operative affair. Its citizenry is the country and the country is its citizenry. The very nature of our free government makes it completely incongruous to have a rule of law under which a group of citizens temporarily in office can deprive another group of citizens of their citizenship.We hold that the Fourteenth Amendment was designed to, and does, protect every citizen of this Nation against a congressional forcible destruction of his citizenship, whatever his creed, color, or race. Our holding does no more than to give to this citizen that which is his own, a constitutional right to remain a citizen in a free country unless he voluntarily relinquishes that citizenship.

Hmm….

If U.S. citizenship belongs to the individual, and the Obama administration is forcing people to renounce their citizenship, is this not a form of “Civil Forfeiture”?

The following posts and comments bear on this question.

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