“If I were President, I would arrest every class action lawyer in America, I would seize all their assets going down to the third generation, and I would take their children out of school and make them clean toilets in Mexico for what they have done to this country. How do you like that? Did I express myself clearly to you?”
Yes. I’ll keep this quote handy for next time you accuse Barack Obama of operating beyond his Constitutional authority.
Article I, Section 9
No Bill of Attainder or ex post facto Law shall be passed.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
[…]
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
You don’t want to live in America. You want to return to your Mother Russia and be Joseph Stalin – with the power to exile people you don’t like to concentration camps in Siberia with no basis in law nor due process.
Also, it completely misses the point of Class Action lawsuits – they evolved as a method for companies to clear out uncertainty over potential civil liability. Having realized they could be liable for a civil wrong, the class action lawsuit allows a company to pay a small amount of money (often just a discount coupon or account credit) and clear themselves of the possibility of future lawsuits and adverse judgements. Typically, the class action notice says that if you think you were damaged, you can accept the settlement (usually trivial) or you must immediately notify the company you intend to file suit (even if you the damage you may suffer hasn’t happened yet or is hard to prove – is your lung cancer really due to exposure to asbestos?) – if you do nothing, your inaction terminates any right you would have had to sue the company in the future. That removes a huge doubt of uncertainty over the future finances of the company.
While Class Action lawsuits grew out of English Common law and were largely created by the courts, in 2005 (that would be when George Bush was President and Republicans controlled the US Senate), Congress passed a law called the “Class Action Fairness Act of 2005” which begins:
Class action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm.
This was a bill passed by Republicans to “reform” Class Action lawsuits. Business wanted this bill to pass.