Author Archives: FTB1(SS)
In Maryland, a high school Student objects to an assignment on the basic tenants of Islam. Her father claims that the School is violating the 1st Amendment, specifically in that it is forcing his daughter to profess Islam by learning about the Shahada, the 1st Pillar of the Islamic faith. The Father tells his daughter to refuse to do the assignment and he files suit against the school.
Once upon a time (1997), I went to Israel and the Temple Mount where I had the opportunity to visit the Dome of the Rock and the Mosque that is there. Several people in our group strenuously objected to going inside (they were not forced to do so) and they refused to go in. But they also made it clear to those of us who did go inside that we were somehow or another denying our faith and insulting G-d.
So which is it? Is a school lesson about the basic fundamentals of Islam as a part of a course on world History from 1500c.e. to the Present a violation of the establishment clause or is it just an academic exercise?
The prohibition on double jeopardy extends back in human history at least the Roman era. It’s covered in Greek law, the Talmud and of course, English Common Law.
In the United States, the concept of dual sovereignty has been the guiding rule since 1847. The general idea is that the Federal government and the State Governments are both “sovereign” and therefore the prohibition on double jeopardy doesn’t apply. If the State prosecutes a person and then the Federal Government also prosecutes for the same act, the Courts have long held – some thirty-one Justices over 170+ years have expressed their belief in and support for the rule – is just fine.
Now, there are some reasons for the Dual Sovereignty rule. It has long allowed either side to “correct” an injustice, such as happened during the Civil rights era when “people were killed or worse.” And in general, the Feds have only rarely stepped in to charge a person after a state conviction.
But down in Alabama a few years ago (See September 27th Show), a convicted felon on parole was driving a car with a burnt out headlight. Of course, he got stopped. And of course, the Police found the gun he had in his possession. The State of Alabama convicted him for it, and then the Feds stepped in and also convicted him for the same crime.
And that brings us to the Supreme Court hearing in which the Petitioner (Gamble) insists that the Dual Sovereignty component of double Jeopardy should be eliminated. Now… if the Court agrees, he’ll get one sentence or the other. But it is the effect on another possible case that is really the entire reason for this argument.
And that person is Paul Manafort.
Sixteenth Amendment: Sixteenth Amendment, amendment (1913) to the Constitution of the United States permitting a federal income tax. Article I, Section 8, of the Constitution empowers Congress to “lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare