Supreme Court Asks: Can States Impose Excessive Fines?
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- Опубліковано 30 лип 2024
- Can a state impose any fine, no matter how outrageous?
Or does the U.S. Constitution prohibit states and local governments from imposing excessive fines, fees and forfeitures, just as it prohibits the federal government from doing so?
These questions will soon be answered when the U.S. Supreme Court hears Timbs v. Indiana, a case litigated by the Institute for Justice. The case will have nationwide implications because it raises an unsettled question of constitutional law: Whether the Eighth Amendment’s Excessive Fines Clause applies to state and local authorities. The answer to this question has serious implications because more and more state and local governments are imposing fines and fees as a means to fund themselves.
ij.org/case/timbs-v-indiana/
The Constitution of the United States is the supreme law of the land. State governments don't get to pick and choose what they follow. It all applies.
Well you'd think so but apparently states CAN pick and choose what they want to follow.
Same thing with Washington State and their new gun law, luckily it will be quickly overturned.
Unfortunately, isn't as simple as that. When the bill of rights was passed, people (including the Supreme Court) believed that the prohibitions in the bill of rights only applied to the federal government; not the states. Only after the 14th amendment did the Supreme Court rule that the rights in the amendments that were "fundamental" also applied to states. This case was essentially over whether the prohibition over excessive fines was the same as the other fundamental rights.
I'm at :39 "Indiana is not bound by that federal constraint." I like how Indiana picks and chooses which constitutional rights they are bound by. Corrupt court.
writerconsidered RACISM WHITE SUPREMACY
Indiana is a shithole, murderers walk free and the seize vehicles and property.
What right does government have to tell us what we can or cannot put into our bodies?
My first awareness of civil asset forfeiture came from a Dean Koontz book I read, “Dark Rivers Of The Heart”. This was back in 1995. I have railed against this injustice ever since.
Dean Koontz is one of my favorite authors. But I haven't read regularly for more years than I care to admit and that particular title never came across my radar. Now that I know about it I will add it to my must read list. Then again 1984 is still on that list too, so... 😕
states just lost this case, SC ruled its illegal to charge outrageous fines for petty offences, the 8th ammendment upheld
If Indiana thinks they are not bound by the Constitution, then we need to make sure they are brought back in line with the Constitutional Rights of their citizens. Theft through Civil Asset Theft is absolutely illegal.
They will continue to police for profit until the Supreme Court specifically rules that the 14th Amendment does apply in these cases and the 8th therefore applies to states and other entities. Then they'll ignore that ruling and continue the practice for some period of time; until they are forced to not only return that which was taken (impounded, seized, confiscated, etc,) but returned with interest. Sadly, they'll just pas that on to innocent taxpayers..
So clauses in the Constitution does not apply to states?
Yeah, Indiana is losing this badly.
dude I am going through the same thing right now, same thing same problem with opiates, they took my motorcycle in my profile picture and won't give it back, when my lawyer asked why they said they didn't feel like I had enough punishment and I should have went to jail instead of house arrest and that they won't be giving my bike back. Dude if you get you car back check everything in and out make sure they didn't leave something there to bust you with later. Hire a private investigator and a drug dog to check it over with a fine tooth comb
What is to stop them from planting evidence later?
Thank God for the Institute for Justice as just as their name says this is about JUSTICE and the safety of people being free in their persons to not have to worry that the government can come in a take something that you have worked for and is worth more then what they are trying to fine or fee you for along with the entire stress of not knowing how to defend yourself against this gigantic entity that has endless amounts of money to attack you and not only excessively punish you but effects your mental well being and even your physical wellness in that it tears away at you and makes you feel powerless and then as desperation sets in you wonder what else they are going to do next. He luckily has some good people in his corner; but we can only hope that the rest of the municipalities that are using this practice start to listen and learn before more people are forced to suffer. So like our local government is found out they are now being forced by the Federal Government to comply with a sewer project they have put off for decades, and to come up with the monies they have decided to arm the code department and have them go out as Arbitrary ticket writers and fine and fee the property owners in order to generate the monies they need. Then they aggressively prosecute people adding more and more monies against the properties. An example would be for mowing a yard could be a fine of $500 and by the time they add-on fees and the collection attorneys getting default judgements prior to the person actually going to court to fight it the situation could be thousands of dollars. Or a letter not responded to could be fined at over $1000 and that is before even a meeting or hearing is called for to respond to the claim. Or if someone dumps trash or debris on an adjacent lot to you property they can send you a ticket with no recourse to respond like you would be able to say in a traffic ticket even for parking; and that ticket could be $500-5000 depending on the discretion of the code official writing the ticket. Not ever even getting a response or even your "Due process" right of facing your accuser or your day in court, instead your day in court to respond to the fine may never be allowed until they come to collect and try to seize your bank account, assets or levy a fee added to your property tax bill thus you are forced to pay it or lose your property in a tax sale. This illegal back door method for assessing fine and fees to generate monies for them to pay for a project they have long since neglected in not only unconstitutional it is Criminal against the very people who invest in and support the local government. And then to turn it into a TAX added to your property with the threat of losing your hard earned and fought for property is the Opposite of the American Dream. And Ironically this is the Brain child of the current candidate for President Mayor Pete Buttigieg of South Bend, IN
It's now June 1, 2024 at the time of this posting. The differences in this channel's formatting between 2018 and the present day... just WOW!
When you get the truck back, you'll need to sue Indiana for loss of value and loss of warranty.
I would pay him for the vehicle just to donate it to the Smithsonian. We all take our freedoms for granted, and organizations like the Institute for Justice represent ALL of us in every case they take.
This is such an amazing well developed video. So informative!
Good luck Timbs
Good luck I hope you get your truck back
During oral arguments in the Supreme Court, one of the justices asked the state attorney general whether it would be permissible for a police officer to use civil asset forfeiture to seize a fancy sports car (what kind I can't recall) from a man for speeding. The guy actually answered that it would be.
No government should impose excessive fines and penalties! That goes against democracy, liberty 🗽, freedom which the US touts!
Congrats to IJ for winning this case at SCOTUS!
This is not just in this circumstance.
State and local government do things continuously that are not Constitutional. Federal law has no means of enforcing Constitutionality. They can and have made case by case enforcement by the actions of the DOJ and Congress but only for cases of government interest.
The forfeiture laws are intended to be a tool for law enforcement to control organized crime and major crime. Is was never meant to be used in this manner.
At this point, the forfeiture laws should all be eliminated and permanently banned.
I've been off of heroin for over 9/10 months and I am absolutely miserable. It's so bad I went to a methadone clinic. Extreme Adhd + an x drug habit =failure. I can't use adderall or ritalin because of a heart issuewhich popped up just a few months ago over night & I'm trying to get a diagnosis for now. After spending every dollar I have and seeing over 6 doctors and ending up in the hospital twice all since I have been clean has me wanting more and more every day to relapse.
Legalized racketeering
Can someone please tell me if I'm reading this correctly? A state court is saying that the Constitution does not apply to them?
How about for NYC egregious fine on Trump: Timbs v. Indiana
he won his case
They do it all the time.
This is far more serious than just a fine. If the courts rule against him, it would mean that the State government is not bound by the entire US constitution at all, which would mean that even the Federal government could ignore the constitution if it uses the States to do it.
And it is selectively enforced. If you're well-connected, they won't come after your assets. They'll say it isn't worth the fight. And they're right. But it shows how the law (currently) culls the weaker citizens and strips them of their assets.
Here in the free world, only those found guilty can have any possessions seized and that being part of any sentence passed.
This isn't the free world. Everything has a cost. Blood was spilled to create this nation. Lots of blood. Nothing is free everything has a cost. I believe that guilty or not guilty don't deserve to have possessions seized as a part of any sentence except for stealing.
funny you say that, because the government has a history of not paying veterans through WW1. It defrauded veterans from revolutionary war, civil war and ww2. Look up Bonus Army. Army was called in to attack them for protesting, led by Patton and Macarthur.
tallthinkev
Wrong.
Do you guys defend the 2nd Amendment too?
why does he owe " a couple of hundred dollars" if he's already paid his debt to society. was it unpaid court or lawyer fees?
The Institute for Justice is trying to cast Timbs’ case in the best possible light. The “couple of hundred dollars” apparently refers to one offense that he committed as an addict.
just as troubling is the lack of due process in some states. the asets are seized without conviction and you have to hire an attorny and sue to get them back.
Still looking for help with civil rights violations contact me through the Docta Canis
States must adhere to the Constitution, if they don't like it then they must exit the USA and survive as an independent nation.
2 weeks and you became addicted, it's not your fault. The pharma and doctors should not prescribed this pain med for more than 1 week.
State law does not trump federal laws. The only reason they came after you is because you have an expensive 40k truck, they are greedy, legal robbers. Once you get the truck back, sell it and get a much cheaper truck.
Highway Robbery made legal.
It is absurd to even attempt to make the argument that constitutional protections are only relevant to the federal government. There is absolutely nothing in the constitution that could lead any sane person to that conclusion. It makes very clear that in any case where state or local law conflicts with federal law that federal law takes precedence. And it makes very clear that the constitution itself and the protections it provides are the supreme law of the land that nothing takes precedence over.
While it's debatable Amerika is the home of the brave, there's NO question it's not the Land of the Free
If u act Brave, they Profile u as a DANGEROUS CRIMINAL... I know from personal experience..
@@artfimbres576 LOL, Google MY name for a SMALL taste of what I've been through, ask me what I am involved in TODAY