President Bush's latest affront to the U.S. Constitution [is] in plain view on the White House Web site: Executive Order: Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq." This far-reaching order ... is a frontal assault on the Fifth Amendment, which decrees that the government cannot seize an individual's property without due process. [The order asserts] the authority to freeze the American assets of anyone who directly or indirectly assists someone who poses "a significant risk" [to] the "peace and stability" of [Iraq] or the reconstruction effort. "On its face, this is the greatest encroachment on civil liberties since the internment of Japanese Americans in World War II," said Bruce Fein, a constitutional lawyer who was a deputy attorney general in the Reagan administration. Fein said the sanctions against suspected violators would amount to "a financial death penalty. King George III really would have been jealous of this power." The executive order not only calls for the freezing of assets of anyone who directly or indirectly [opposes US policy in Iraq,] it prohibits anyone else from providing "funds, goods or services" to a blacklisted individual. In other words, a friend or relative could have his or her assets seized for trying to help someone whose bank account is suddenly frozen. An attorney who offered legal help could risk losing everything he or she owned. Then again, there's not much need for lawyers in the world of this executive order. The blacklist would be drawn up by the "secretary of treasury, in consultation with the secretary of state and the secretary of defense." The Fifth Amendment was written for good reason: It's dangerous to give the government unchecked authority to seize private property without judicial review.

"