Tuesday, March 26, 2013

Constitution 101 Amendment 5



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.

A. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,

In the old days the word of a noble alone was enough convict you. On the theory that a noble was too "noble" to lie.

B.  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;

Because troops have arms and can therefore be a danger to the freedom of the state, they are held to harsher rules.

C.   nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.

 In the past when the lord or state wanted a conviction, you simply kept trying the person till "the jury got it right' and hung him or her.Even if freed, the fact that a person may have to fear years of court time was in itself a punishment.

D. "nor shall be compelled in any criminal case to be a witness against himself,"

No torture...You cannot apply hot irons or the rack etc to someone to make them confess, that is part of the argument against "Water-boarding" Americans.The reason is that anyone if they  were tortured or if a husband ..wife..child etc  was tortured in front of them,they would confess to anything.

E.  nor be deprived of life, liberty, or property, without due process of law;

You cannot jail an American or take his/her goods with out a trial..the word of a government official alone is NOT enough.

F.  nor shall private property be taken for public use, without just compensation.

American OWN their property..it is not a gift from the state or the king that can be taken back at will.  There are times when the protection of the state may require the use of private property..for example Russia invades and they need your land to be a fort...even than you have to be paid.

Tomorrow "Why Private property is required if a people are to be free."

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