5th Amendment

Can the Government Restrict Travel to Protect Public Health?

by Judge Andrew Napolitano | Mar 12, 2020 | 5th Amendment, Current Events

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?

by Judge Andrew Napolitano | Jun 20, 2019 | 5th Amendment, Court Cases

“…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

by TJ Martinell | Jul 25, 2017 | 5th Amendment

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...

Due Process Is Vital to Freedom

by Judge Andrew Napolitano | Sep 22, 2016 | 5th Amendment, Constitution, Current Events, Eleven Years

“No person shall … be deprived of life, liberty, or property, without due process of law…” — Fifth Amendment to the U.S. Constitution The clash in American history between liberty and safety is as old as the republic itself. As far back as...

What Did The Founders Mean by “Due Process of Law?”

by Rob Natelson | Oct 9, 2015 | 14th Amendment, 5th Amendment, Constitution 101

The Fifth and Fourteenth amendments to the Constitution each has a Due Process Clause. The Fifth Amendment Due Process Clause prohibited the federal government from depriving any person of “life, liberty, or property without due process of law.” The Fourteenth...

The Tyranny of One Man’s Opinion

by Judge Andrew Napolitano | May 5, 2015 | 5th Amendment, Constitution, Executive Power

Thomas Cromwell was the principal behind-the-scenes fixer for much of the reign of King Henry VIII. He engineered the interrogations, convictions and executions of many whom Henry needed out of the way, including his two predecessors as fixer and even the king’s...

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The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

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