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.
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
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?
Today marks the opening of the 2013-2014 US Supreme Court session.
Over the coming weeks I will be writing about some of the major cases to come before the Justices this term but today I thought I’d offer a brief primer on how the Court works as well as offer a quick list of some upcoming cases. Read the rest of this entry