• Phil:You are right that it would be very costly to mount a ctistituononal argument. Yet as far as I can see there are at least five amendments which are being summarily violated: 4th (search and seizure without probable cause and a warrant), 5th (self-incrimination), 6th (venue in the case of American’s abroad), 8th (excessive fines), 9th (a catch-all regarding unexpressed rights, but this would be the hardest to prove but I think Americans should have the right to move overseas, open a business or find a job, take up with a foreign spouse and continue to have rights U.S. constititual rights, the right to obey the laws of their host countries and the privacy rights afforded to them by their host countries despite not living in the USA FBAR and citizenship based taxation endangers or strips Americans of many rights).Ironically, the FBAR law was designed to search for crimes (criminal tax evasion, terrorism, money laundering); it’s being aimed at all innocent citizens with foreign bank accounts, but those who have the most right to withhold information have committed crimes with their money and could therefore plead the 5th those who are innocent, i.e. the vast majority of American citizens abroad, are having their rights stripped completely as if they are criminals but because they have committed no crime the judges say that they have no 5th amendment right not to file. However, one paper I read suggested that once one has never filed an FBAR on an existing account, one could claim the 5th not to begin to file the first FBAR because that would reveal the crime of failing to file in previous years.The sorry state of affairs with the US Federal government is that it takes a multi-million court case and a lengthy process to stop them from violating citizens’ ctistituononal rights. And what incentive is there for the government to stop doing it? If they lose a case, it’s like, oh well, we’ll try something else to strip American’s of their wealth.