[depressed in 06]

I think Kelo makes this possible.

[Political Junkie Too]

Kelo attacked the Fifth Amendment protection against seizure by eminent domain for public use, converting that seizure to public good.

I'd think that confiscating 401(k)'s goes against the Fourth Amendment protections of "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."

Seizing one's 401(k) sounds a lot like seizing one's papers (stocks, funds, money funds, etc.).

-PJ