Posts Tagged ‘fifth amendment’
Copilot: Legal Relationship Between Fifth Amendment Takings and Civil Regulation
QUESTION 1: What is the most accurate way consistent with doctrine to describe adverse affects on property rights under the Fifth Amendment to the extent that control over absolutely owned private property is adversely affected by participation in a particular civil statutory benefit or privilege? ANSWER 1: Here’s a way to frame this that stays…
Read MoreCopilot: Does the Fifth Amendment still protect people not voluntarily engaged in excise taxable activities and who make no elections?
INTRODUCTION: This series of questions probes whether Brushaber or any other federal case waives the protections of the Fifth Amendment because of the Sixteenth Amendment or Article 1, Section 8, Clause 1. The conclusion is NO. This subject is important, because income taxation geographically internal to the Constitutional “United States” is a proprietary power rather…
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