Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: TheOtherOne
What if I buy from a local store? This is a specious argument. As you well know, 99% of "local" stores would be governed by the Commerce Clause because they sell things that are transferred over state lines. I have tried to think of a "local" example and the only one I can think of would be instate grown produce at a farmer's market. And I cannot imagine spending $10,000 at a farmer's market in one day.

All I said was that this Act, as applied in some cases, is a violation of the 4th Amendment. Is it in all cases, no.

Can you give one example where it would be a violation of the 4th Amendment?

Will it ever effect me, no. Is that a reason to allow the Government to write sloppy laws that do not follow the Constitutional prohibitions? I don't think so. If you can give me one example I may agree with you. But so far you haven't made your case.

185 posted on 11/24/2001 7:04:09 AM PST by JD86
[ Post Reply | Private Reply | To 183 | View Replies ]


To: JD86

Buried in the more than 300 pages of the new law is a provision that "any person engaged in a trade or business" has to file a government report if a customer spends $10,000 or more in cash.

If you can give me one example I may agree with you.

JUST ONE? --- How about this. I am an Artist, I paint and make scuptures. I have a local storefront where I sell my wares. A local patron comes into my stores and wishes to buy my Art for $15,000 in cash. I am engaged in a business, but it is local only. I have no catalog, no advertisment, and no website furthering or advertising my Art outside my local community.

Being forced to report this transaction, other than legally reporting the income, is a violation of the 4th Amendment. Your thoughts?

192 posted on 11/24/2001 7:51:03 AM PST by TheOtherOne
[ Post Reply | Private Reply | To 185 | View Replies ]

To: JD86
Look, it is very clever of you to demand that others outline in detail their supposition that the $10K reporting requirement violates the Fourth. The answer to this is somewhat complex, and you will be free to attack it at many points, but you will not change my mind.

The purpose of the 4th is to insure unreasonable searches and seizures. Let me start with this...

"...no warrants shall issue, BUT UPON PROBABLE CAUSE, supported by oath or affirmation, a nd particularly describing the place to be searched, and the persons or things to be seized."

The purpose of the 4th is to prevent the govt from searching me without probable cause. IOW, it must have a SPECIFIC cause and swear so before a magistrate before it may search me. This requirement does NOT state a specific probable cause to examine my private transactions.

IMHO, this activity is no different than an LEO coming into my home and looking through my checkbook.

194 posted on 11/24/2001 8:01:07 AM PST by copycat
[ Post Reply | Private Reply | To 185 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson