Fifth Amendment

[Xicano]

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.

[gateley]

1. You quote this as though Bush & Co didn't throw the Amendments

out the window under the Homeland Security Patriot Act.

None of that applies any more if they don't want it to.

You don't have a case.

[EFerrari]

2. The Patriot Act made some kinds of illegal searches legal

but it doesn't give the president the authority to assassinate anyone or to execute them without due process. .

[Kennah]

3. Even though Verdugo-Urquidez fucked with the Fourth ...

... it appeared to acknowledge the Fifth applies everywhere.

http://laws.findlaw.com/us/494/259.html

[ellisonz]

4. or Public Danger.

Good try.

[Xicano]

5. Re read that part again.

The phrase you refer to refers to people in the military or people considered to be in the militia during time of war or public danger. Its not referring to anyone else.

"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;"

[ellisonz]

6. This is an asymetrical war.

It'd be like a trader giving guns to Shawnee. I still think you have an extremely hard case making this out to be un-Constitutional.

[Recovered Repug]

7. A quote from Thomas Jefferson:

" strict observance of the written law is doubtless one of the high duties of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to the written law, would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the ends to the means."

[Xicano]

8. Or in other words

"Its just a gawd damned piece of paper"