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I can't imagine any Supreme Court, even an Obama-stacked court, would allow the stealing of individual private property by the Federal Government. The right of property is one of the fundamental rights in our Constitution and the Declaration of Independence.
If our government ever got that bad, we'll have much more serious things to worry about than 401Ks - like survival.
If it can be conceived as music, it can be executed as music, and presented to an audience in such a way that they will perceive it as music: "Look at this. Ever seen one of these before? I built this for you. What do you mean, 'What the f*ck is it?' It's a goddam ETUDE, asshole."