Category Archives: 5th Amendment

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.

Double Jeopardy




In recent days, we have watched the debate over the nomination of a Supreme Court Justice. While the debate rages around things such as abortion, gay rights, women’s rights, and so forth, the single fact remains that these things are rarely the meat and potatoes of what the Supreme Court does. Almost never are those things noticed until after the fact. indeed, very few (if any) questions of any nominee relate to them or to the understanding of how those things might end up affecting our day to day lives. Read the rest of this entry

Advertisements

Taking a 5th of History




James Madison once wrote that “A Government is instituted to protect property of every sort…This being the end of government, that alone is a just government, which impartially secures to every man, whatever is his own.”

So what happens when a government, other then the national government, that is, decides that it wants what you have, even if they claim it’s for a “public benefit?”

In the Township of Scott, Pennsylvania, a nice old lady – she’s even named Rose Mary Knick –  owns a cute place on the edge of town that has a bit of property around it that – this is important – she owns.

(Commence menacing music here) Read the rest of this entry

Goverment v Government

No person…shall be compelled in any criminal case to be a witness against himself…. – Amendment V

IRS official Lois Lerner goes to Congress again in the investigation of the IRS scandal, and she takes the 5th Amendment. But can a Government Official, presumably acting in the name of the Government, claim that the Government is not going to cooperate with the Government when the Government is investigating the Government?

%d bloggers like this: