It is the opinion of the Upper Chamber that federal protections afforded under your Fifth, Eighth and Fourteenth Amendments are applicable in the context of whether a state may seize assets and levy excessive fines outside of the due process requirements. Expressed more strongly, we believe that using a civil process to seize assets of people not convicted of a crime is in fact a gross violation of the Due Process clauses contained within the 5th and 14th Amendments, and that the Excessive Fines clause contained within the 8th Amendment is an incorporated protection inextricably tethered to Due Process.
It may be useful to recall the words of Winston Churchill: “When the long tally is added, it will be seen that the British nation and the English-speaking world owe far more to the vices of John than to the labours of virtuous sovereigns.” This is because it is largely the vices of King John (common ancestor of most of your presidents as well as myself and the current reigning monarch of the UK) that gave rise to the barons’ demands at Runnymede, and from that encounter ultimately springs the spirit of democracy and the rule of law which informs the jurisprudence systems of virtually all developed nations.
Further, we would argue that as much of your jurisprudence system derives from English Common Law, Magna Carta is as much yours as it is ours. Therefore in the case before you, Glamis would very much like to see a unanimous decision that reflects the spirit of Magna Carta.
All that being said, neither Glamis nor Wettin will make demands in this matter. You are the law-lords of a great nation and we respect your sovereignty in such matters. Therefore, please consider this missive an unofficial amicus brief on behalf of the Petitioners.
Ever Sincerely Yours,
Isle of Arran, Scotland