We have been covering the US Constitution line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. We have finished the main body of the Constitution. Now we continue with the Amendments. You can find the last article on the main body of the Constitution here. It has links to all the others. The text comes from The US Constitution. Previous articles in the Amendment series:
Article I
Articles II and III
Article IV
Article [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 offence 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.
Article V deals with Criminal Defense. Except for people in the military, now covered by the UCMJ, we may not be prosecuted for a crime unless a grand jury, made up of other citizens, agrees that there is sufficient evidence to warrant it. We may not be tried twice for the same offence once acquitted. We may not be required to incriminate ourselves. We are guaranteed due process of law. Government may not confiscate our property without just compensation.
Two sections of this are controversial.
In cases involving prostitution, government is confiscating Johns’ autos. In cases involving drugs, government is confiscating property it deems to be acquired with drug profits. Although both practices have been held up in the courts, they do violate the Constitution. Diminishing this right is a Republican priority.
The Miranda warning arises from the right against self incrimination. Recently SCOTUS Republican extremists decided 5-4 that police and prosecutors need only assert that they read a suspect his rights and the suspect refused to sign off on it, even if the suspect denies it. This was a bad decision. Given a long record of police abuse of suspects’ rights, proof must be requires. If a suspect refuses to sign the Miranda form, videotaping that refusal is easy enough to do.
I shall try to put up a new article in this series almost every day. It will take some time to cover it all, but when we’re done, we shall be immune to the lies with which Republicans seek to undermine our freedoms.
6 Responses to “Constitutional Amendments: Article V”
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I keep trying to find one of these that Bush didn’t violate or out right toss aside. Haven’t found one yet. Like he said it’s just a ‘goddamned piece of paper.’ He certainly treated it that way.
He did not violate the Third Amendment. It’s the only one.
Well I hopeful that someday the Supreme Court will become sane once more. Of course we have to get a few more good judges on it. Maybe Clarence Thomas will step down now that his wife declared she is a Teascrotum. Conflict of interest and all.
To restore full sanity to the Court, Scalia, Thomas, Alito and Roberts must be replaced. That will take a generation.
Just want to thank you for carrying this series. It’s tough work, and I’m so glad you’ve taken it on.
Unless the conservatives on the court have a divine revelation at how stupid they are, I’m sure the police will take advantage of the laxness in upholding Miranda. Not all police, but a significant minority will gleefully go back to the old 3rd degree in a backroom with billy clubs.
You’re certainly welcome Marva.
Sadly that significant minority does exist. If Republicans had their way, police would waterboard all criminal defendants earning less than $250,000 per year.