Legal Question in Constitutional Law in Washington
5th Amendment question
The bill of rights 5th amendment states:...''nor shall private property be taken for public use, without just compensation.''
If the Federal government is taking my private property, tax money, for public use, benefits for married people i.e. ssn benefits, tax benefits etc., should I be just compensated if there is a amendment to define marriage as one man & one women. I'm not able to legally marry my partner because we do not meet that definition; it's not by choice but a privilege taken away by the government.
Thanks,
1 Answer from Attorneys
Re: 5th Amendment question
The clause you cite refers to real estate, not to money.
If the government takes your land by eminent domain so it can build a new post office, it has to pay you fair market value.
It would make no sense to say that the government couldn't take your tax money without paying just compensation, since the only way to compensate you for paying your taxes would be by giving you an identical amount in return.
By your logic, people could demand tax refunds any time the government makes a decision that they disagree with.
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