No, Mr. President. Asset forfeiture is unconstitutional.

President Donald Trump said on Tuesday there was “no reason” to curb law enforcement agencies that seize cash, vehicles and other assets of people suspected of crimes, a practice that some lawmakers and activists have criticized for denying legal rights.

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Read the full story from Reuters

On this point, I wholeheartedly disagree. He swore to uphold the Constitution that includes the Fifth Amendment – Key phrase: DueProcess.

No person shall be … deprived of life, liberty, or property without DUE PROCESS of law; nor shall private property be taken for public use without just compensation.

Throughout the first 100 years of our Republic, the Due Process clause applied only to federal agencies and did not apply to the States.

A series of Supreme Court decisions in the mid-twentieth century made the Bill of Rights (and the Due Process clause) applicable to the states.

Texas is a state. The Due Process clause applies to all levels of government in our state. Period.

If our state law enforcement officers and prosecutors do not agree, if they believe they should be able to forego application of the Due Process clause, then this is their opportunity to propose an amendment to the Constitution.

I would not support such an amendment, but I’m just one old Texan.

An Article V Convention of States gains momentum day by day as more state legislatures agree to call for this convention. It is there and then law enforcement officers and prosecutors can make a case for un-incorporating Due Process protections from the states.

Until then, President Trump and Texas law enforcement officers, you now know the law. Follow it.

I am thankful to State Senator Konni Burton who sponsored bi-partisan Senate Bill 380. Read the details here:

John White

Rockwall, Texas

UPDATED 2/12/2017

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