5th Amendment
Palladium of Liberty: The Right of Trial by Jury
One of the best things that our American ancestors did was to include the right of trial by jury in the Bill of Rights. The Fifth Amendment states in part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial an impartial jury...
Can the Government Restrict Travel to Protect Public Health?
The issue of whether government in America can quarantine persons against their will, ostensibly for their own health and that of others with whom they may come in contact, requires a dual analysis — one of the powers of the federal government and the other of the...
Can Government Punish Twice for the Same Crime?
“…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” -Fifth Amendment to the U.S. Constitution The government in America is out of control. There is no happy ending here. Earlier this week, the...
The Full Scope Of The Fifth Amendment’s Due Process Clause
Due process is regarded as a fundamental right articulated the Fifth Amendment. Yet, controversy exists as to who, where, and under what circumstances, this right exists. Modern, mainstream interpretation of the Fifth Amendment holds that it does not apply to aliens...