Wiccan Warriors discussion of the Bill of Rights...5th Amendment

[Wiccan Warrior]

ok I would like to post one amendment to the Constitution in here a day and get everyones opinion on it, how they feel about it, how it has been upheld or stripped from us, just in general talk about it and if you ever had a time to use/exercise it.



Amendment V

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 offense 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.

[bryant69]

1. Well the first part has been stripped from us

I guess I read this as five provisions. I could be missing one.

1. Can't be held without being indictment - i.e. habeus corpus as I understand it.

2. No Double Jeopardy.

3. No forced confessions - i.e. you can't be forced to testify yourself (this is what taking the fifth usually refers to).

4. Can't be put in jail or fined without going through Due Process

5. Can't have your land or property taken away from you without just compensation.

The first and forth seem most at risk right now, although our policy of extraditing suspects to nations who torture certainly puts 3 at risk as well.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[Hosnon]

5. I am pretty sure that the first clause guarantees the right to a grand jury, not habeas corpus.

And I am also pretty sure that the Supreme Court held that the clause does not apply to the states.

(Lots of "pretty sure"s)

Edit: Grammar.

[Fovea]

2. Mostly meaningless since the Military Commissions Act.

And other decisions in the last 30 years or so.


Unless you are a henchman for the executive branch, that is.

Currently, due process exists at the whim of the president, which means that it does not exist at all.

[gatorboy]

3. *cough Eminent Domain cough*

[Wiccan Warrior]

4. Nice one =)

Oh and to let you know I mixed a song for Dubya hehehehe mailed it to him too it's over http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=105x6715169

[Hosnon]

6. One of the most important amendements, by far - along with the 6th and 14th. NT.