posted on Sep, 27 2010 @ 08:05 PM
reply to post by jrod
Dude, I feel you. I definately agree that these kinds of admin/crim distinctions violate the spirit of what our founders would call double jeopardy.
But from a legal perspective, I assure you, you're SOL.
Its not double jeopardy because the first action was not punishment for a crime. When you signed up for your license you probably agreed to numerous
administrative rules, etc including loss of the license if you get involved in this crap. and if you didn't expressly agree, guess what? driving with
the license probably legally counts as your agreement. A license is a privledge, not property, so depriving you of it does not invoke equal
protection.
I, personally feel the growth of the administrative state to the level it has reached violates the constitution in so many ways its unimaginable.
These types of double 'punishments' are common, as well as endless administrative gauntlets for people who have committed no crime but must jump
through the necessary loop-holes inorder to see their day in court.
These are just two examples. The administrative state is all executive, but it performs quasi legislative and judicial powers everyday of every week
of every month of every year. Welcome to the modern nation my friend. It sucks and its almost unrecognizable from the view point of the civics we're
taught in secondary education.
My legal education has done more to scare the bajeezus out of me then it has to instill respect for the system as it stands today.
edit on 27-9-2010 by snusfanatic because: edit
edit on 27-9-2010 by snusfanatic because: edit2