Can the goverment take your gold and silver coins and bullion from you?

Discussion in 'US Coins Forum' started by Boxeldercoin, Aug 10, 2011.

  1. benveniste

    benveniste Type Type

    I'm not sure you are serious, but you're thinking of the 3rd amendment. I'd offer you case cites, but there's only been one non-frivolous 3rd amendment case in the history of the U.S.
    http://scholar.google.com/scholar_case?case=11790945502362041743

    Please read the Supreme Court case I cited. Or if you prefer a predigested version:
    http://en.wikipedia.org/wiki/Eminent_domain#Other_Property
     
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  3. BUncirculated

    BUncirculated Well-Known Member

    Read the 5th for yourself and I will bold and underline what I stated. Also, since the 5th was ratified 8 years after the end of the Revolutionary War, it's original intent was what I stated:

    Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.



     
  4. benveniste

    benveniste Type Type

    I realize your mind is made up and you don't want to be confused by the facts, but take a moment and actually read what you copied, bolded and underlined. Does the word "real" appear anywhere in it? Is there any modifier to the word property at all? To quote California case law, "The Fifth Amendment of the United States Constitution, as applied to the states by the Fourteenth Amendment, conditions the power of eminent domain upon the payment of 'just compensation.' That constitutional requirement makes no distinction between real property and personal property."

    Heard of a guy named James Madison? Here's how he defined "property" in his papers on March 29, 1792:

    In its larger and juster meaning, it embraces every thing to which a man may attach a value and have a right; and which leaves to every one else the like advantage.

    In the former sense, a man's land, or merchandize, or money is called his property.
     
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