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To: reg45; nathanbedford
It's actually a Due Process Violation under the 5th Amendment:

No person shall...be deprived of life, liberty, or property, without due process of law...

Any imposition of a fine, and collection thereof, without basic Due Process rights, by the Federal Government of the United States, is a violation of this clause. Those Due Process rights (going from memory) are:

Notice of claim

Reasonable time to respond

Setting of Hearing before a Court or detached neutral magistrate, and notice of hearing

Burden of proof at said hearing on the government

Right to appear at the hearing, be represented by counsel, to see, hear, confront and cross examine the government's evidence, right to present evidence, and secure presentation of evidence by compulsory process enforced by the Court, and the right to appeal an adverse decision.

These rights are clearly violated by this policy.

The Takings Clause immediately follows:

...nor shall private property be taken for public use, without just compensation...

The EPA routinely violates this provision of the 5th Amendment by classifying lands as "environmentally protected."

What should now be apparent to everyone is that our Constitutional Rights and liberties are dead letters. Those God-given rights have been supplanted by State-given "collective" and "positive" rights, with which all of the individual rights embodied in the Bill of Rights are philosophically incompatible. You cannot have both.

This was inconceivable when Nixon created the EPA, What has changed is that Federal Government's various fiefdoms have grown so large, so pervasive and so powerful that they no longer recognize any restraints whatsoever on their power. Not only do they not recognize any restraint on their power over the American people, I believe they don't recognize any restraint on their power as against each other under Separation of Powers principles.

58 posted on 07/09/2014 8:55:51 AM PDT by henkster (Do I really need a sarc tag?)
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To: henkster

http://www.freerepublic.com/focus/news/3177850/posts?page=45#45

Link in this post is where you can put comments; yours is a good one!


78 posted on 07/09/2014 11:46:31 AM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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