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.The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure.^ For more information, see: Bill of Rights (United States) .
  • Amendments to the United States Constitution - encyclopedia article - Citizendium 17 January 2010 4:50 UTC locke.citizendium.org [Source type: Original source]

^ The Tenth Amendment protects the powers of the states.
  • The Importance of Having a Constitution 17 January 2010 4:50 UTC www.freedom.org [Source type: Original source]

^ The government of the United States, as established by the U.S. Constitution in 1789, was effectively abolished by the 14th Amendment.

.Its guarantees stem from English common law which traces back to the Magna Carta in 1215. For instance, grand juries and the phrase "due process" both trace their origin to the Magna Carta.^ Each had antecedents back to Magna Carta and beyond.
  • United States Constitution : The official site of Colonial Williamsburg 17 January 2010 4:50 UTC www.history.org [Source type: Original source]

^ It also contains due process guarantees.
  • The Constitution Explained - The U.S. Constitution Online - USConstitution.net 17 January 2010 4:50 UTC www.usconstitution.net [Source type: Original source]
  • Constitutionx 17 January 2010 4:50 UTC www.auburn.edu [Source type: Original source]

^ For instance, grand juries and the phrase "due process" both trace their origin to common law.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]
  • Wikijunior:United States Charters of Freedom/Bill of Rights - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]
  • Wikijunior:United States Charters of Freedom/Bill of Rights - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

Contents

Text

.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.^ A person cannot be put in double jeopardy (tried twice) for the same offense by the same government.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ Forcing a person to testify against himself or herself is prohibited .
  • New Hampshire » The U.S. Constitution 17 January 2010 4:50 UTC nh.goodpoliticsradio.com [Source type: Original source]
  • Pennsylvania Good Politics Radio » The U.S. Constitution 17 January 2010 4:50 UTC pa.goodpoliticsradio.com [Source type: Original source]
  • Good Politics Radio - Florida » The U.S. Constitution 17 January 2010 4:50 UTC fl.goodpoliticsradio.com [Source type: Original source]

^ "Congress shall make no law ...
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 17 January 2010 4:50 UTC www.law.ucla.edu [Source type: Original source]

[1]

Grand jury

The Bill of Rights in the National Archives.
.Grand juries, which return indictments in many criminal cases, are composed of a jury of peers and operate in closed deliberation proceedings; they are given specific instructions regarding the law by the judge.^ The judge gives these legal instructions to the jury before it deliberates.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ In the Sixth Amendment, they provided for jury trials in criminal cases.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ Grand juries, which return indictments in many criminal cases, are composed entirely of laymen and operate in secret; they are directed, but not controlled, by prosecutors.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.Many constitutional restrictions do not apply during grand jury proceedings.^ This Amendment guarantees many other fundamental rights to persons accused of crimes including rights to a jury trial , to remain silent and to a grand jury review of charges.
  • The Double Jeopardy Clause: The Fifth Amendment to the United States Constitution 17 January 2010 4:50 UTC peacesecurity.suite101.com [Source type: Original source]

^ COURT DECISIONS. Federal and state judges apply the Constitution in many court cases.
  • The Constitution of the United States of America 17 January 2010 4:50 UTC www.policyalmanac.org [Source type: Original source]

^ Federal and state judges apply the Constitution in many court cases.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

.For example, the exclusionary rule does not apply to evidence presented to a grand jury; the exclusionary rule states that evidence obtained in violation of the Fourth, Fifth or Sixth amendments cannot be introduced in court (United States v.^ This rule has been applied to state courts since the 1961 decision in Mapp v.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Constitution of the United States: 21st Amendment .
  • Constitution of the United States: 21st Amendment 17 January 2010 4:50 UTC www.fathermag.com [Source type: Original source]

^ The "exclusionary rule," which prevents evidence seized in violation of the Fourth Amendment from being introduced in court, does not apply to evidence presented to a grand jury.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.Calandra
414 U.S. 338 (1974)).^ Calandra , 414 U.S. 338, 354 (1974) ; United States v.
  • UNITED STATES v. VERDUGO-URQUIDEZ 17 January 2010 4:50 UTC www.guncite.com [Source type: Original source]

^ Calandra (1974), 414 U.S. 338 at 346: "...the grand jury may not force a witness to answer questions in violation of that constitutional guarantee.
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

.Also, defendants do not have the right to have their attorneys present in grand jury rooms during hearings; they would normally have such a right when during questioning by the police while in custody.^ They would dominate the jury.
  • Southern Messenger � Bill of Rights, Constitution of the United States, & the Civil War History 17 January 2010 4:50 UTC www.southernmessenger.org [Source type: Original source]

^ Right to Attorney: An individual has the constitutional and statutory right to have an attorney present during any police initiated questioning.
  • Your Rights Under Iowa Laws & United States Constitution - Right To Attorney - Remain Silent 17 January 2010 4:50 UTC www.grllaw.com [Source type: Original source]

^ They’d be defending the rights of terrorist to have nukes.
  • ACLU And The Second Amendment : Stop The ACLU 17 January 2010 4:50 UTC www.stoptheaclu.com [Source type: Original source]

.The grand jury indictment clause of the Fifth Amendment has not been incorporated under the Fourteenth Amendment; in other words, it has not been ruled applicable to the states.^ Completing the constitution: enforcement of the religion clauses against the states under the Fourteenth Amendment.
  • http://www.infoplease.com/ce6/history/A0857551.html 17 January 2010 4:50 UTC www.infoplease.com [Source type: FILTERED WITH BAYES]

^ The fifth Amendment forbids trial for a major crime except after indictment by a grand jury.
  • United States Constitution 17 January 2010 4:50 UTC www.4lawschool.com [Source type: Original source]

^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

.States are thus free to abolish grand juries, and many (though not all) have replaced them with preliminary hearings.^ After the Civil War, slavery was abolished, and the Fourteenth Amendment (1868) declared that all persons born or naturalized in the United States and subject to its jurisdiction are citizens thereof.
  • Bill of Rights (United States Constitution) -- Britannica Online Encyclopedia 17 January 2010 4:50 UTC www.britannica.com [Source type: FILTERED WITH BAYES]

^ Thus, the Fifth Amendment requires that “No person shall be held to answer for a capital, or otherwise infamous crime” without presentment or indictment by a grand jury.
  • Fifth Amendment – FREE Fifth Amendment information | Encyclopedia.com: Find Fifth Amendment research 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

^ This Amendment guarantees many other fundamental rights to persons accused of crimes including rights to a jury trial , to remain silent and to a grand jury review of charges.
  • The Double Jeopardy Clause: The Fifth Amendment to the United States Constitution 17 January 2010 4:50 UTC peacesecurity.suite101.com [Source type: Original source]

This was decided in Hurtado v. .California, 110 U.S. 516 (1884), since "except in cases arising in the land and naval forces, or in the Militia," is held to indicate federal jurisdiction.^ 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.
  • AMMENDMENTS TO THE U.S. CONSTITUTION 17 January 2010 4:50 UTC www.superkids.com [Source type: Original source]

^ 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.
  • Party of 1776 - The Constitution of the United States of America - September 17, 1787 17 January 2010 4:50 UTC www.partyof1776.net [Source type: Original source]

^ 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.
  • All Amendments to the United States Constitution 17 January 2010 4:50 UTC www1.umn.edu [Source type: Original source]
  • TheConstitution of the United States 17 January 2010 4:50 UTC www.harrybrowne.org [Source type: Original source]
  • Bill of Rights, U.S.A. - The Lawful Path 17 January 2010 4:50 UTC www.lawfulpath.com [Source type: Original source]
  • United States House of Representatives - Amendments to the Constitution 17 January 2010 4:50 UTC www.house.gov [Source type: Original source]
  • The Constitution Of The United States | iCitizenForum 17 January 2010 4:50 UTC icitizenforum.com [Source type: Original source]
  • Amendments to the Constitution of the United States of America 17 January 2010 4:50 UTC users.idworld.net [Source type: Original source]
  • THE UNITED STATES CONSTITUTION - We the People 17 January 2010 4:50 UTC constitutionus.com [Source type: Original source]
  • THE UNITED STATES CONSTITUTION 17 January 2010 4:50 UTC www.sheldensays.com [Source type: Original source]
  • We the People; US Constitution 17 January 2010 4:50 UTC www.leftjustified.com [Source type: Original source]
  • Bill of Rights - United States Constitution - US Constitution - Bill of Rights 17 January 2010 4:50 UTC www.lbcobb.com [Source type: Original source]
  • Constitution of the United States of America 17 January 2010 4:50 UTC home.surewest.net [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 17 January 2010 4:50 UTC www.history.com [Source type: Original source]
  • bush executive order versus the Constitution's 5th Amendment - Review-Journal eForum 17 January 2010 4:50 UTC eforum.reviewjournal.com [Source type: General]
  • The Constitution of the United States of America - Alaskan Independence Party 17 January 2010 4:50 UTC www.akip.org [Source type: Original source]
  • http://www.worldalmanacforkids.com/WAKI-ViewArticle.aspx?pin=x-co205400a&article_id=682&chapter_id=15&chapter_title=United_States&article_title=U.S._Constitution 17 January 2010 4:50 UTC www.worldalmanacforkids.com [Source type: Original source]
  • The Bill of Rights - Constitutional Amendments 17 January 2010 4:50 UTC www.statesymbolsusa.org [Source type: Original source]

.Whether a crime is "infamous" is determined by the nature of the punishment that may be imposed, not the punishment that is actually imposed (Ex parte Wilson, 114 U.S. 417 (1885)), though crimes punishable by capital punishment are explicitly required within the text of the Fifth Amendment to be tried upon indictments.^ See Ex parte Wilson, 114 U.S. 417, 427; Mackin v.

^ Whether or not a crime is "infamous" is determined by the nature of the punishment that may be imposed (not the punishment that is actually imposed).
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ (Crimes punishable by capital punishment are explicitly required to be tried upon indictments.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

In United States v. .Moreland, 258 U.S. 433 (1922), the Supreme Court held that imprisonment in a prison or penitentiary, as opposed to a correction or reformation house, attaches infamy to a crime.^ Moreland ( 1922 ), the Supreme Court held that imprisonment in a prison or penitentiary (as opposed to a correction or reformation house) attaches infamy to a crime.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Supreme Court held that questioning ...
  • Article: Questions unanswered: the Fifth Amendment and innocent witnesses.(Supreme Court Review) - Journal of Criminal Law and Criminology | HighBeam Research - FREE trial 17 January 2010 4:50 UTC www.highbeam.com [Source type: Academic]

^ "The Supreme Court has held various state procedures adequate to protect the values inherent in those constitutional rights.
  • Other Notes--The Constitution 17 January 2010 4:50 UTC www.usgennet.org [Source type: Original source]

.Currently, federal law permits the trial of misdemeanors without indictments (Duke v.^ Currently, federal law permits the trial of misdemeanors without indictments.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Although I am sworn to uphold the law, the responsibilities of my office do not permit me to independently interpret the state and federal Constitutions or the statutes written pursuant to those Constitutions.
  • Attorney General Position on the Second Amendment to the United States Constitution - Bureau of Firearms - California Dept. of Justice - Office of the Attorney General 17 January 2010 4:50 UTC ag.ca.gov [Source type: Original source]

^ The Tax Scam Artist's Lie: Federal income taxes constitute a "taking" of property without due process of law, violating the Fifth Amendment.
  • Constitutional Amendment Claims 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

.United States
, 301 U.S. 492 (1937)).^ In 1937 The United States Supreme Court ruled that the states were also prohibited from multiple prosecutions for the same conduct.
  • The Double Jeopardy Clause: The Fifth Amendment to the United States Constitution 17 January 2010 4:50 UTC peacesecurity.suite101.com [Source type: Original source]

^ United States, United States Supreme Court, decided June 5, 1939; sustaining the Agricultural Marketing Agreement Act of 1937; Currin v.
  • Back to the Constitution | Robert H. Jackson Center 17 January 2010 4:50 UTC www.roberthjackson.org [Source type: Original source]

.Also, in the trial of those felonies in which capital punishment may not be applied, the prosecution may proceed without indictments if the defendants waive their Fifth Amendment right.^ Amendment VII · Right of trial by jury .
  • We the People; US Constitution 17 January 2010 4:50 UTC www.leftjustified.com [Source type: Original source]
  • The Constitution of the United States of America 17 January 2010 4:50 UTC www.leftjustified.com [Source type: Original source]

^ In cases involving felonies except those in which capital punishment may be applied, the prosecution may proceed without indictments if the defendants waive their Fifth Amendment right.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Fifth Amendment did not apply to the states.
  • Fifth Amendment: Encyclopedia of Everyday Law 17 January 2010 4:50 UTC www.enotes.com [Source type: Original source]

.Indictments found by grand juries may be amended by the prosecution only in limited circumstances.^ Indictments found by grand juries may be amended by the prosecution only in limited circumstances.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Because use immunity is limited, a witness granted use immunity for grand jury testimony may validly invoke his Fifth Amendment privilege in a civil deposition proceeding when asked whether he had "so testified" previously, the deposition testimony not being covered by the earlier immunity.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ Sheriff Arpaio Investigated By Federal Grand Jury Sure, he’s being investigated because he’s the only chief law enforcement officer in this country doing his job!
  • LibNOT - News, Video, and Conservative Opinion » Time for a 28th Amendment to the Constitution? 17 January 2010 4:50 UTC www.libnot.com [Source type: General]

.In Ex Parte Bain (1887), the Supreme Court held that the indictment could not be changed at all by the prosecution.^ What did the Supreme Court case ex parte McCardle have to do with Reconstruction?
  • Pol Sci 3254 Development of the American Constitution 17 January 2010 4:50 UTC calvert.wustl.edu [Source type: Original source]

^ In Ex Parte Bain ( 1887 ), the Supreme Court held that the indictment could not be changed at all by the prosecution.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ This amendment is often quoted by the Supreme Court as providing "equal protection" to all citizens, and was referenced in the 2000 Florida recount decision.
  • AMENDMENTS to the U. S. CONSTITUTION 17 January 2010 4:50 UTC biblescripture.net [Source type: Original source]

United States v. .Miller, 471 U.S. 130 (1985) partly reversed the previous ruling; now, an indictment's scope may be narrowed by the prosecution.^ Miller ( 1985 ) partly reversed the previous ruling; now, an indictment's scope may be narrowed by the prosecution.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Indictments found by grand juries may be amended by the prosecution only in limited circumstances.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ In cases involving felonies except those in which capital punishment may be applied, the prosecution may proceed without indictments if the defendants waive their Fifth Amendment right.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.Thus, lesser included charges may be dropped, but new charges may not be added.^ Thus, lesser included charges may be dropped, but new charges may not be added.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ The Neagle case, it may thus be seen, gave added meaning to the separation of powers and the President’s law enforcement powers, without substantially altering them.
  • Online Library of Liberty - Our Living Constitution - Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government 17 January 2010 4:50 UTC oll.libertyfund.org [Source type: Original source]

^ The four new States (Louisiana, Indiana, Mississippi, and Illinois) that were added to the Union between 1810 and 1818 are not included in Monroe's order.
  • TONA Research Committee - Chronology of Historic Events 17 January 2010 4:50 UTC www.amendment-13.org [Source type: Original source]
  • Historical Chronology - The Original Thirteenth Article of Amendment To The Constitution For The United States | Love for Life 17 January 2010 4:50 UTC loveforlife.com.au [Source type: Original source]

.The grand jury clause of the Fifth Amendment does not protect those serving in the armed forces, whether during wartime or peacetime.^ Fifth Amendment does not include ...
  • Article: Questions unanswered: the Fifth Amendment and innocent witnesses.(Supreme Court Review) - Journal of Criminal Law and Criminology | HighBeam Research - FREE trial 17 January 2010 4:50 UTC www.highbeam.com [Source type: Academic]

^ The Fifth Amendment protects witnesses from being forced to incriminate themselves.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Fifth Amendment right to a grand jury indictment, 4.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

.Members of the state militia called up to serve with federal forces are not protected under the clause either.^ Members of the state militia called up to serve with federal forces are not protected by the clause either.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
  • The United States Constitution - The U.S. Constitution Online - USConstitution.net 17 January 2010 4:50 UTC www.usconstitution.net [Source type: Original source]
  • The United States Constitution | The Smoking Argus Daily | Investigating the Underbelly of Politics and Government 17 January 2010 4:50 UTC smargus.com [Source type: Original source]
  • Constitution Of The United States Of America (1787-1865) 17 January 2010 4:50 UTC www.csawardept.com [Source type: Original source]
  • The Constitution of the United States  Preamble 17 January 2010 4:50 UTC faculty.winthrop.edu [Source type: Original source]
  • The Constitution of the United States of America 17 January 2010 4:50 UTC www.my.homewithgod.com [Source type: Original source]
  • United States Constitution - Article I 17 January 2010 4:50 UTC www.mhswethepeople.com [Source type: Original source]

^ Further, SROs argue that they are private actors, in that they receive no federal or state funding and their boards/committees are not populated with members appointed by the government.
  • Fifth Amendment Constitution 17 January 2010 4:50 UTC registeredrep.com [Source type: FILTERED WITH BAYES]

In O'Callahan v. .Parker, 395 U.S. 258 (1969), the Supreme Court held that only charges relating to service may be brought against members of the militia without indictments.^ That decision was overturned in 1987 , when the Court held that members of the militia in actual service may be tried for any offense without indictments.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Parker ( 1969 ), the Supreme Court held that only service-related charges may be brought against members of the militia without indictments.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Supreme Court held that questioning ...
  • Article: Questions unanswered: the Fifth Amendment and innocent witnesses.(Supreme Court Review) - Journal of Criminal Law and Criminology | HighBeam Research - FREE trial 17 January 2010 4:50 UTC www.highbeam.com [Source type: Academic]

.That decision was overturned in 1987, when the Court held that members of the militia in actual service may be tried for any offense with indictments.^ That decision was overturned in 1987 , when the Court held that members of the militia in actual service may be tried for any offense without indictments.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Cases that may be tried in federal courts.
  • Freedom Defined - The Constitution of the United States 17 January 2010 4:50 UTC www.nccs.net [Source type: Original source]

^ The Court has held that it is a bedrock principle underlying the First Amendment, that the government may not prohibit the expression of an idea simply because society finds the idea offensive and disagreeable.
  • Hearings on H.J. Resolution 54: Proposing an Amendment to the Constitution of the United States Authorizing Congress to Prohibit the Physical Desecration of the Flag of the United States - Brookings Institution 17 January 2010 4:50 UTC www.brookings.edu [Source type: Original source]

[2]

Double jeopardy

.The fifth amendment refers to being put in "jeopardy of life or limb."^ The Fifth Amendment refers to being put in "jeopardy of life or limb."
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ The Fifth Amendment of the Constitution states: No person shall…be deprived of life, liberty, or property, without due process of law….
  • Classifying Arguments for Each Side of the Case¤¤¤, Korematsu v. United States, Landmark Supreme Court Cases 17 January 2010 4:50 UTC www.landmarkcases.org [Source type: Original source]

^ The Fifth Amendment requires grand jury indictment in prosecutions for major crimes and prohibits double jeopardy for a single offense.
  • Bill of Rights (United States Constitution) -- Britannica Online Encyclopedia 17 January 2010 4:50 UTC www.britannica.com [Source type: FILTERED WITH BAYES]

.The clause, however, has been interpreted as providing protection regarding "every indictment or information charging a party with a known and defined crime or misdemeanor."^ The clause, however, has been interpreted as providing protection regarding "every indictment or information charging a party with a known and defined crime or misdemeanor."
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ City of New York , 407 U.S. 203 (1972) (requirement of proof beyond a reasonable doubt of every fact necessary to constitute the crime charged) nor deny to any person within its jurisdiction the equal protection of the laws ( 1 ).
  • Bill of Rights U.S. & Texas Constitutions 17 January 2010 4:50 UTC stclguns.homestead.com [Source type: Original source]

^ The clause speaks of being put in “jeopardy of life or limb,” which as derived from the common law, generally referred to the possibility of capital punishment upon conviction, but it is now settled that the clause protects with regard “to every indictment or information charging a party with a known and defined crime or misdemeanor, whether at the common law or by statute.” 59 Despite the Clause’s literal language, it can apply as well to sanctions that - are civil in form if they clearly are applied in a manner that constitutes “punishment.” 60 .

.The clause, it has been held, does not prevent separate trials by different governments, and the state and federal governments are considered "separate sovereigns". Therefore, one may be prosecuted for a crime in a state court, and prosecuted for the same crime in another state, a foreign country, or (most commonly) in a federal court.^ Federal Government and of federal employees by the state governments.
  • Back to the Constitution | Robert H. Jackson Center 17 January 2010 4:50 UTC www.roberthjackson.org [Source type: Original source]

^ One for separation of corporation and state, and another for separation of media and state.
  • We in the US badly need a new amendment to our constitution. We need a separation between corporation and state. : politics 17 January 2010 4:50 UTC www.reddit.com [Source type: Original source]

^ United States and U.S.” means federal government.
  • Kennedy: Constitution open to interpretation 17 January 2010 4:50 UTC www.prisonplanet.com [Source type: Original source]

Once acquitted, a defendant may not be retried for the same offense: Ball v. .U.S. "A verdict of acquittal, although not followed by any judgment, is a bar to a subsequent prosecution for the same offense."^ Mar 6 - Seeded by Killfile Source: straightdope.com In the United States, an acquittal serves as an absolute bar to subsequent reprosecution for the same offense.
  • Newsvine - fifth-amendment 17 January 2010 4:50 UTC www.newsvine.com [Source type: News]

^ Because the dual sovereignty doctrine applies, subsequent federal prosecution of the defendant, for the same offense he was convicted of tribally, was not barred by the Double Jeopardy Clause.
  • United States v. Archambault, 2002 DSD 14 17 January 2010 4:50 UTC www.sdbar.org [Source type: Original source]

^ Also, criminal acquittal does not bar a subsequent civil suit for damages.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

.163 U.S. 662 at 672 (1896).^ Ball, 163 U.S. 662 (1896) .
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

Acquittal by a jury is generally final and cannot be appealed by the prosecution, Fong Foo v. .United States, 369 U.S. 141 (1962).^ United States, 369 U.S. 141 (1962) , the Court acknowledged that the trial judge’s action in acquitting was “based upon an egregiously erroneous foundation,” but it was nonetheless final and could not be reviewed.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ The United States government is a foreign corporation with respect to a state.” In re Merriam, 36 N.E. 505, 141 N.Y. 479, affirmed 16 S.Ct.

^ United States, 337 U.S. 137 , 141 , 146 (1949); United States v.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

.An acquittal in a trial by judge (bench trial) is also generally not appealable by the prosecution, United States v.^ Mar 6 - Seeded by Killfile Source: straightdope.com In the United States, an acquittal serves as an absolute bar to subsequent reprosecution for the same offense.
  • Newsvine - fifth-amendment 17 January 2010 4:50 UTC www.newsvine.com [Source type: News]

^ It makes the Supreme Court the final court of appeal from the state and lower federal courts, gives the accused party the right to a jury trial, and appoints federal judges to the bench for life.
  • Unit 1: From Revolution to Constitution 17 January 2010 4:50 UTC www.npg.si.edu [Source type: Original source]

^ The United States understands the prohibition upon double jeopardy in paragraph 7 to apply only when the judgment of acquittal has been rendered by a court of the same governmental unit, whether the Federal Government or a constituent unit, as is seeking a new trial for the same cause.
  • United States of America's Reservations to the ICCPR - Juveniles - the International Justice Project 17 January 2010 4:50 UTC www.internationaljusticeproject.org [Source type: Original source]

.Jenkins
, 420 U.S. 358 (1975).^ Jenkins, 420 U.S. 358 (1975) (determination of law based on facts adduced at trial; ambiguous whether judge’s action was acquittal or dismissal); United States v.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

.A trial judge may normally enter an acquittal if he deems the evidence insufficient for conviction.^ First, because a primary purpose of the due process clause is the prevention of successive trials and not of prosecution appeals per se, it is apparently the case that if the trial judge permits the case to go to the jury, which convicts, and the judge thereafter enters a judgment of acquittal, even one founded upon his belief that the evidence does not establish guilt, the prosecution may appeal, because the effect of a reversal would be not a new trial but reinstatement of the jury’s verdict and judgment thereon.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ United States, 103 the trial judge erroneously excludes evidence and then acquits on the basis that the remaining evidence is insufficient to convict, the judgment of acquittal produced thereby is final and unreviewable.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ Second, if the trial judge enters or grants a motion of acquittal, even one based on the conclusion that the evidence is insufficient to convict, the prosecution may appeal if jeopardy had not yet attached in accordance with the federal standard.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

.If the judge makes this ruling before the jury reaches its verdict, the judge's determination is final.^ If the judge makes this ruling before the jury reaches its verdict, his determination is final.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ It could result from a jury unable to reach a decision, or from the prosecution or defense bringing up evidence the court has ruled inadmissible.
  • The Double Jeopardy Clause: The Fifth Amendment to the United States Constitution 17 January 2010 4:50 UTC peacesecurity.suite101.com [Source type: Original source]

^ The reason for this expection is that before imposing the death penalty the jury has to make several factual determinations and if the jury does not make these it is seen as the equivalent of an acquittal of a more serious offense.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.If, however, the judge overrules a conviction by the jury, the prosecution may appeal to have the conviction reinstated.^ If, however, the judge overrules a conviction by the jury, the prosecution may appeal to have the conviction reinstated.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ She may lose in state court and be forced to go through the trial and be convicted before she can get her Fifth Amendment argument in front of a federal judge, but ultimately, she cannot lose.
  • uExpress.com: Ann Coulter by Ann Coulter -- (12/17/1999) THE FIFTH AMENDMENT'S TRIPP-WIRE 17 January 2010 4:50 UTC www.uexpress.com [Source type: Original source]

^ For instance, if a defendant is charged with murder in the first degree, is convicted by the jury of murder in the second degree, and then has the jury's conviction overturned on procedural grounds, he may be retried for second but not first degree murder; the jury, by convicting the defendant of second degree murder, is deemed to have implicitly acquitted him of first degree murder.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.Additionally, although a judge may overrule a guilty verdict by a jury, he or she does not have the same power to overrule a not guilty verdict.^ And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact.
  • Inspired Constitution :: The Moral Basis of a Free Society 17 January 2010 4:50 UTC inspiredconstitution.org [Source type: Original source]

^ But a person may be tried a second time if a jury cannot agree on a verdict, if a mistrial is declared for some other reason, or if the person requests a new trial.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ The same may be said of other powers which they possess, if not controlled by the general principle, that laws are unconstitutional which infringe the rights of the community.
  • Amendment I (Speech and Press): Congress, Amendments to the Constitution 17 January 2010 4:50 UTC press-pubs.uchicago.edu [Source type: Original source]

.Defendants may not be retried following conviction except in limited circumstances when the judge sees fit and proper.^ It prohibits repeated trials for the same offense after an acquittal (except in certain very limited circumstances), forbids punishment without due process of law, and provides that an accused person may not be compelled to testify against himself.
  • United States Constitution 17 January 2010 4:50 UTC www.4lawschool.com [Source type: Original source]

^ If the defendant takes the stand and testifies, these statements under the proper circumstances may be used by the prosecutor to impeach the defendant.
  • Your Rights Under Iowa Laws & United States Constitution - Right To Attorney - Remain Silent 17 January 2010 4:50 UTC www.grllaw.com [Source type: Original source]

^ Except as provided in the following subsections to this rule, sealed exhibits may not be examined.
  • Executive Order: 2005 Amendments to the Manual for Courts Martial, United States 17 January 2010 4:50 UTC georgewbush-whitehouse.archives.gov [Source type: FILTERED WITH BAYES]

.Bribing a judge to get an acquittal is not valid because the party acquitted has prevented themselves from being placed into "jeopardy" to begin with.^ But state laws and political-party practices have changed the constitutional system of voting into the exciting campaigns and elections that take place today.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ But state laws and political party practices have changed the constitutional system of voting into the exciting campaigns and elections that take place today.
  • The Constitution of the United States of America 17 January 2010 4:50 UTC www.policyalmanac.org [Source type: Original source]

^ The first 10 amendments came into being because of fear of national governmental tyranny.
  • National Park Service - Signers of the Constitution (Introduction) 17 January 2010 4:50 UTC www.nps.gov [Source type: Original source]

Harry Aleman v. .Judges of the Criminal Division, Circuit Court of Cook County, Illinois, et al., 138 F.3d 302 (1998).^ The governor, legislators, and county officials were elected by the people, while the secretary of state, auditor, treasurer, supreme and circuit court judges, and prosecuting attorneys were selected by joint legislative session.
  • Arkansas Constitution - Ballotpedia 17 January 2010 4:50 UTC ballotpedia.org [Source type: Original source]

^ That was the core point that conservative Fourth Circuit Appeals Court Judge J. Harvie Wilkinson made in a recent article in the Virginia Law Review.
  • Does the Second Amendment Bind the States? 17 January 2010 4:50 UTC writ.news.findlaw.com [Source type: Original source]

^ Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.
  • United States v. Valuck, 286 F.3d 221 (5th Cir. 03/14/2002) 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

.If a defendant appeals a conviction and is successful in having it overturned, they are subject to retrial.^ If a defendant appeals a decision and is successful in having it overturned, he is subject to retrial.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Reprosecution After Reversal on Defendant’s Appeal.— Generally, a defendant who is successful in having his conviction set aside on appeal may be tried again for the same offense, the assumption being made in the first case on the subject that, by appealing, a defendant has “waived” his objection to further prosecution by challenging the original conviction.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ Maryland, 395 U.S. 784 (1969) , the defendant was convicted of burglary but acquitted of larceny; the conviction was set aside on his appeal because the jury had been unconstitutionally chosen.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

.An exception arises if the verdict is overturned on the grounds of evidentiary insufficiency, rather than on the grounds of procedural faults.^ An exception arises if the verdict is overturned on the grounds of evidentiary insufficiency, rather than on the grounds of procedural faults.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Still another exception arises out of appellate reversals grounded on evidentiary insufficiency.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ For instance, if a defendant is charged with murder in the first degree, is convicted by the jury of murder in the second degree, and then has the jury's conviction overturned on procedural grounds, he may be retried for second but not first degree murder; the jury, by convicting the defendant of second degree murder, is deemed to have implicitly acquitted him of first degree murder.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.As noted above, if the trial court made a determination of evidentiary insufficiency, the determination would constitute a final acquittal; in Burks v.^ As noted above, if the trial court made a determination of evidentiary insufficiency, the determination would constitute a final acquittal; in Burks v.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Their view is that the rule against retrials after acquittal does not, as the Court believed, “safeguard determination of innocence; rather, it is that a retrial following a final judgment for the accused necessarily threatens intolerable interference with the constitutional policy against multiple trials.” Id.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ In doing so, the Court reasoned that "it would be unthinkable that the same Constitution would impose a lesser duty on the federal government."
  • United States v. Archambault, 2002 DSD 14 17 January 2010 4:50 UTC www.sdbar.org [Source type: Original source]

.United States
437 U.S. 1, (1978), it was held that "it should make no difference that the reviewing court, rather than the trial court, determined the evidence to be insufficient."^ United States court case.
  • Classifying Arguments for Each Side of the Case¤¤¤, Korematsu v. United States, Landmark Supreme Court Cases 17 January 2010 4:50 UTC www.landmarkcases.org [Source type: Original source]

^ It held that the command that "no State shall .
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 17 January 2010 4:50 UTC www.barefootsworld.net [Source type: Original source]

^ As it stands, it makes no difference.
  • United States v. Timothy Emerson, Potowmack Institute, amicus curiae, Second Amendment 17 January 2010 4:50 UTC www.potowmack.org [Source type: Original source]

.Another exception arises in cases of conviction for lesser offenses.^ Another exception arises in cases of conviction for lesser offenses.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ On the doctrine of “constructive acquittals” by conviction of a lesser included offense, see infra, p.1294.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ An exception to full application of the retrial rule exists, however, when defendant on trial for an offense is convicted of a lesser offense and succeeds in having that conviction set aside.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

.For instance, if a defendant is charged with murder in the first degree, and is convicted by the jury of murder in the second degree, and later the jury's conviction is overturned on procedural grounds, the defendant may be retried for second degree but not first degree murder; the jury, by convicting the defendant of second degree murder, is deemed to have implicitly acquitted them of first degree murder.^ When time is deemed to be of the essence, Congress takes land directly by statute, authorizing procedures by which owners of appropriated land may obtain just compensation.
  • FindLaw Supreme Court Center: U.S. Constitution: Fifth Amendment: Annotations pg. 14 of 16 17 January 2010 4:50 UTC supreme.lp.findlaw.com [Source type: Original source]

^ The verdict must decide not only upon the first, but also, and principally, upon the second: for the verdict must be coextensive and commensurate with the charge.
  • Inspired Constitution :: The Moral Basis of a Free Society 17 January 2010 4:50 UTC inspiredconstitution.org [Source type: Original source]

^ But a person may be tried a second time if a jury cannot agree on a verdict, if a mistrial is declared for some other reason, or if the person requests a new trial.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

.The defendant may not be punished twice for the same offense.^ The defendant may not be punished twice for the same offense.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Once acquitted, a defendant may not be retried for the same offense.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution provides that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const.
  • Yeager v. United States (08-67) | LII / Legal Information Institute 17 January 2010 4:50 UTC topics.law.cornell.edu [Source type: Original source]

.In certain circumstances, however, a sentence may be increased.^ In certain circumstances, however, a sentence may be increased.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Sentence increases may not, however, be made once the defendant has already begun serving his term of imprisonment.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.It has been held that sentences do not have the same "finality" as acquittals, and may therefore be reviewed by the courts.^ But the Court has held that the imposition of a sentence does not from the moment of imposition have the finality that a judgment of acquittal has.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ It has been held that sentences do not have the same "finality" as acquittals, and may therefore be reviewed by the courts.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ That decision was overturned in 1987 , when the Court held that members of the militia in actual service may be tried for any offense without indictments.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.Sentence increases may not, however, be made once the defendant has already begun serving his term of imprisonment.^ In certain circumstances, however, a sentence may be increased.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Sentence increases may not, however, be made once the defendant has already begun serving his term of imprisonment.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Thus, it has long been recognized that in the same term of court and before the defendant has begun serving the sentence the court may recall him and increase his sentence.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

.If a defendant's conviction is overturned on procedural grounds, the retrial may result in a harsher penalty than the original trial.^ If a defendant's conviction is overturned on procedural grounds, the retrial may result in a harsher penalty than the original trial.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Defendants may not be retried following conviction except in limited circumstances.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ For instance, if a defendant is charged with murder in the first degree, is convicted by the jury of murder in the second degree, and then has the jury's conviction overturned on procedural grounds, he may be retried for second but not first degree murder; the jury, by convicting the defendant of second degree murder, is deemed to have implicitly acquitted him of first degree murder.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.The only exception is that the prosecution may not seek capital punishment in the retrial if the jury did not impose it in the original trial.^ The only exception is that the prosecution may not seek capital punishment in the retrial if the jury did not impose it in the original trial.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ The Bill of Rights added explicit guarantees of fundamental civil liberties, such as freedom of speech and trial by jury, that had not been spelled out in the original document.
  • CQ Press : Current Events In Context : Constitution Day - "Constitutional Amendments" 17 January 2010 4:50 UTC www.cqpress.com [Source type: Original source]

^ In particular, he found, "the [Colorado] amendment imposes a special disability upon [homosexuals]," who are "forbidden the safeguards that others enjoy or may seek without restraint."
  • Pew Forum: The Constitutional Dimensions of the Same-Sex Marriage Debate: 2008 17 January 2010 4:50 UTC pewforum.org [Source type: Original source]
  • Pew Forum: The Constitutional Dimensions of the Same-Sex Marriage Debate 17 January 2010 4:50 UTC pewforum.org [Source type: Original source]

.The reason for this exception is that before imposing the death penalty the jury has to make several factual determinations and if the jury does not make these it is seen as the equivalent of an acquittal of a more serious offense.^ The Court's opinion also makes the important point that the existence of this individual right does not mean that reasonable restrictions cannot be imposed to prevent unfit persons from possessing firearms or to restrict possession of firearms particularly suited to criminal misuse.
  • No. 01-8272: Haney v. United States - Response 17 January 2010 4:50 UTC www.justice.gov [Source type: Original source]

^ In fact, on the record before us, any determination as to the reasons for trial counsel's actions would be speculative in nature and this court does not decide issues on the basis of speculation alone.
  • United States v. Valuck, 286 F.3d 221 (5th Cir. 03/14/2002) 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

^ Only if the Second Amendment is an individual right does the Court's invocation of a concealed carry exception make any sense.
  • The Second Amendment Before the Supreme Court 17 January 2010 4:50 UTC www.davekopel.com [Source type: Original source]

In Arizona v. .Rumsey, 467 U.S. 203 (1984), it was ruled that in a bench trial, when a judge was holding a separate hearing after the jury trial, to decide if the defendant should be sentenced to death or life imprisonment, the judge decided that the circumstances of the case did not permit death to be imposed.^ A judge will then hold a preliminary hearing on the matter.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Trial by jury in civil cases.
  • CONSTITUTION OF THE UNITED STATES 17 January 2010 4:50 UTC www.endtimesreport.com [Source type: Original source]

^ Sentence of fine and imprisonment was imposed.
  • Weeks v. United States 17 January 2010 4:50 UTC www.tourolaw.edu [Source type: Original source]
  • Weeks v. United States 17 January 2010 4:50 UTC law.touro.edu [Source type: Original source]

On appeal the judge's ruling was found to be erroneous. .However, even though the decision to impose life instead of death was based on an erroneous interpretation of the law by the judge, the conclusion of life imprisonment in the original case constituted an acquittal of the death penalty and thus death could not be imposed upon a subsequent trial.^ The death penalty was not imposed.
  • CALL TO ACTION: HEALTHCARE RALLY - JAN 12 - NOON - JOHN SPRATT'S OFFICE IN ROCK HILL - MAIN ST. - Patriotic Resistance 17 January 2010 4:50 UTC www.resistnet.com [Source type: Original source]

^ The Fifth Amendment of the Constitution states: No person shall…be deprived of life, liberty, or property, without due process of law….
  • Classifying Arguments for Each Side of the Case¤¤¤, Korematsu v. United States, Landmark Supreme Court Cases 17 January 2010 4:50 UTC www.landmarkcases.org [Source type: Original source]

^ The view that every constitutional provision applies wherever the Government exercises its power is contrary to this Court's decisions in the Insular Cases, which held that not all constitutional provisions apply to governmental activity even in territories where the United States has sovereign power...
  • United States v. Verdugo-Urquidez - ACLU - ProCon.org 17 January 2010 4:50 UTC aclu.procon.org [Source type: Original source]

.Even though the acquittal of the death penalty was erroneous in that case, the acquittal must stand.^ The court has ruled that the death penalty may be imposed in capital cases if certain standards are applied to guard against arbitrary and capricious application of the penalty.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 17 January 2010 4:50 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 17 January 2010 4:50 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 17 January 2010 4:50 UTC www.4uth.gov.ua [Source type: Original source]

^ Indeed, some courts so elaborated the process that is due that death penalty cases became all process and no substance.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ In U.S. v Nixon (1974), the Supreme Court ruled that even the President must comply with a subpoena in a criminal case unless military or diplomatic secrets are demanded.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

.Mistrials are generally not covered by the double jeopardy clause.^ The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution provides that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const.
  • Yeager v. United States (08-67) | LII / Legal Information Institute 17 January 2010 4:50 UTC topics.law.cornell.edu [Source type: Original source]

^ Because the dual sovereignty doctrine applies, subsequent federal prosecution of the defendant, for the same offense he was convicted of tribally, was not barred by the Double Jeopardy Clause.
  • United States v. Archambault, 2002 DSD 14 17 January 2010 4:50 UTC www.sdbar.org [Source type: Original source]

^ According to the United States, the Double Jeopardy Clause does not preclude re-prosecution of hung counts.
  • Yeager v. United States (08-67) | LII / Legal Information Institute 17 January 2010 4:50 UTC topics.law.cornell.edu [Source type: Original source]

.If a judge dismisses the case or concludes the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried.^ If a judge dismisses the case or terminates the trial without deciding the facts in the defendant's favor (for example, by dismissing the case on procedural grounds), the case is a mistrial and may normally be retried.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ However, it may be that the trial judge will grant a motion to dismiss that is neither a mistrial nor an acquittal, but is instead a termination of the trial in defendant’s favor based on some decision not relating to his factual guilt or innocence, such as prejudicial preindictment delay.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ In cases involving felonies except those in which capital punishment may be applied, the prosecution may proceed without indictments if the defendants waive their Fifth Amendment right.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.Furthermore, if a jury cannot reach a verdict, the judge may declare a mistrial and order a retrial.^ My friend, the common law judge, explained to me that the jury had reached a unanimous verdict that the ban on titles of nobility had, indeed, been duly ratified as a lawful amendment to the Constitution for the United States of America.
  • Attorneys, As Esquires, Are Not Citizens Of The United States Of America 17 January 2010 4:50 UTC www.criminalgovernment.com [Source type: Original source]

^ Searches may be ordered only by a judge or, in the event of danger resulting .
  • THE UNITED STATES CONSTITUTION 17 January 2010 4:50 UTC people.brandeis.edu [Source type: Original source]

^ Prior to authentication of the record by the military judge, sealed materials may not be examined in the absence of an order from the military judge based on good cause shown.
  • Executive Order: 2005 Amendments to the Manual for Courts Martial, United States 17 January 2010 4:50 UTC georgewbush-whitehouse.archives.gov [Source type: FILTERED WITH BAYES]

.When the defendant moves for a mistrial, there is no bar to retrial, even if the prosecutor or judge caused the error that forms the basis of the motion.^ When the defendant moves for a mistrial, there is no bar to retrial, even if the prosecutor or judge caused the error that forms the basis of the motion.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Kennedy ( 1982 ), the Supreme Court held that "only where the governmental conduct in question is intended to 'goad' the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion."
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ ARIZONA: If a mistrial is granted as a result of conduct that the prosecutor knew or should have known would prejudice the defendant and the prejudice cannot be cured short of declaring a mistrial, the double jeopardy clause of state constitution bars retrial (see AZ CONST Art.
  • Fifth Amendment: Encyclopedia of Everyday Law 17 January 2010 4:50 UTC www.enotes.com [Source type: Original source]

.An exception exists, however, where the prosecutor or judge has acted in bad faith.^ An exception exists, however, where the prosecutor or judge acted in bad faith.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ An exception to full application of the retrial rule exists, however, when defendant on trial for an offense is convicted of a lesser offense and succeeds in having that conviction set aside.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ Some limited exceptions do exist with respect to the finality of trial judge acquittal.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

In Oregon v. .Kennedy, 456 U.S. 667, (1982), the Supreme Court held that "only where the governmental conduct in question is intended to 'goad' the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion."^ Kennedy ( 1982 ), the Supreme Court held that "only where the governmental conduct in question is intended to 'goad' the defendant into moving for a mistrial may a defendant raise the bar of double jeopardy to a second trial after having succeeded in aborting the first on his own motion."
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ The Supreme Court answered this question in Barron v.
  • Fifth Amendment: Encyclopedia of Everyday Law 17 January 2010 4:50 UTC www.enotes.com [Source type: Original source]

^ Cruikshank , the Supreme Court held that "the second amendment .
  • LIMITS ON THE POWER OF STATESTO REGULATE FIREARMS 17 January 2010 4:50 UTC w3.uchastings.edu [Source type: Original source]

.Defendants may not more than once be placed in jeopardy for the "same offense". Sometimes, however, the same conduct may violate different statutes.^ Defendants may not more than once be placed in jeopardy for the "same offense."
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Sometimes, however, the same conduct may violate different statutes.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ The defendant may not be punished twice for the same offense.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

In Blockburger v. .United States, 284 U.S. 299 (1932), the Supreme Court held that "where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not". For example, the test was applied in Brown v.^ United States court case.
  • Classifying Arguments for Each Side of the Case¤¤¤, Korematsu v. United States, Landmark Supreme Court Cases 17 January 2010 4:50 UTC www.landmarkcases.org [Source type: Original source]

^ T o constitute Tribunals inferior to the supreme Court; .
  • THE UNITED STATES CONSTITUTION - We the People 17 January 2010 4:50 UTC constitutionus.com [Source type: Original source]

^ To constitute tribunals inferior to the supreme court: .

Ohio
, 432 U.S. 161 (1977). .The defendant had first been convicted of operating an automobile without the owner's consent, and later of stealing the same automobile.^ The defendant had first been convicted of operating an automobile without the owner's consent, and later of stealing the same automobile.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Because the dual sovereignty doctrine applies, subsequent federal prosecution of the defendant, for the same offense he was convicted of tribally, was not barred by the Double Jeopardy Clause.
  • United States v. Archambault, 2002 DSD 14 17 January 2010 4:50 UTC www.sdbar.org [Source type: Original source]

^ Amendment III. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
  • The Constitution of the United States of America - Alaskan Independence Party 17 January 2010 4:50 UTC www.akip.org [Source type: Original source]

.The Supreme Court concluded that the same evidence was necessary to prove both offenses, and that in effect there was only one offense.^ The Supreme Court concluded that the same evidence was necessary to prove both offenses, and that in effect there was only one offense.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ B. There was only one central court.
  • The United States Constitution? - Yahoo! Answers 17 January 2010 4:50 UTC answers.yahoo.com [Source type: FILTERED WITH BAYES]

^ Many years later, Justice Hugo Black (one of the judges who decided Miller ), commenting on the Second Amendment said, Although the Supreme Court has held this Amendment to include only arms necessary to a well-regulated militia, as so construed, its prohibition is absolute.
  • GunCite-Second Amendment-The Supreme Court and the Second Amendment 17 January 2010 4:50 UTC www.guncite.com [Source type: Original source]

.Therefore, it overturned the second conviction.^ Therefore, it overturned the second conviction.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ For instance, if a defendant is charged with murder in the first degree, is convicted by the jury of murder in the second degree, and then has the jury's conviction overturned on procedural grounds, he may be retried for second but not first degree murder; the jury, by convicting the defendant of second degree murder, is deemed to have implicitly acquitted him of first degree murder.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Moreover, a defendant who is retried after he is successful in overturning his first conviction is not protected by the double jeopardy clause against receiving a greater sentence upon his second conviction.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

.In other cases, the same conduct may constitute multiple offenses under the same statute, for instance where one robs many individuals at the same time.^ Sometimes, however, the same conduct may violate different statutes.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ At the same time, it may well be that the Constitution affords no answer.
  • Article V: Mode of Amendment - Constitution of the United States (Annotated) - vLex 17 January 2010 4:50 UTC vlex.com [Source type: Original source]

^ Many others were introduced from time to time.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 17 January 2010 4:50 UTC www.barefootsworld.net [Source type: Original source]

.There is no explicit bar to separate prosecutions for different offenses arising under the same "criminal transaction", but it is not permissible for the prosecution to re-litigate facts already determined by a jury.^ There is no possibility of retrial for the same offense.
  • CRS/LII Annotated Constitution Fifth Amendment 17 January 2010 4:50 UTC straylight.law.cornell.edu [Source type: Original source]

^ There were no further prosecutions under that act.
  • Southern Messenger � Bill of Rights, Constitution of the United States, & the Civil War History 17 January 2010 4:50 UTC www.southernmessenger.org [Source type: Original source]

^ There is no explicit bar to separate prosecutions for different offenses arising under the same "criminal transaction," but it is not permissible for the prosecution to relitigate facts already determined by a jury.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

In Ashe v. .Swenson, 397 U.S. 436, (1970), the defendant was accused of robbing seven poker players during a game.^ Swenson ( 1970 ), the defendant was accused of robbing seven poker players during a game.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Swenson, 397 U.S. 436 (1970), a court should consider the jury’s failure to reach a verdict on some counts.
  • Yeager v. United States (08-67) | LII / Legal Information Institute 17 January 2010 4:50 UTC topics.law.cornell.edu [Source type: Original source]

^ The state then tried the defendant for robbing the second player; stronger identification evidence led to a conviction.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.John Ashe was first tried for, and acquitted of, robbing only one of the players; the defense did not contest that a robbery actually took place.^ Article Five currently places only one limitation on the amending power-that no amendment can deprive a state of its equal representation in the Senate without the state's consent.
  • Los Angeles Lawyer - United States Constitution 17 January 2010 4:50 UTC www.danataschner.com [Source type: Original source]

^ The first two vice presidents, John Adams and Thomas Jefferson, did much to shape the nature of the office and set many precedents.
  • U.S. Senate: Art & History Home > People > Officers & Staff > Vice President of the United States (President of the Senate) 17 January 2010 4:50 UTC www.senate.gov [Source type: Original source]

^ To no one's surprise, George Washington was unanimously elected the first president, and John Adams of Massachusetts, the vice president.
  • United States Government - The Constitution 17 January 2010 4:50 UTC countrystudies.us [Source type: Original source]

.The state then tried the defendant for robbing the second player; stronger identification evidence led to a conviction.^ The state then tried the defendant for robbing the second player; stronger identification evidence led to a conviction.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Swenson ( 1970 ), the defendant was accused of robbing seven poker players during a game.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ When the Presidentofthe United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
  • The Constitution of the United States 17 January 2010 4:50 UTC www.freedomshrine.com [Source type: Original source]

.The Supreme Court, however, overturned the conviction.^ The Supreme Court, however, overturned the conviction.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ However, the use of brutal torture to extract confessions was routine in some rural states as late as the 1930s , and stopped only after the U.S. Supreme Court kept throwing out convictions based on such confessions, in cases like Green v.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ This ruling, overturning a decision of the Florida Supreme Court, is arguably the most significant Federal intervention in states' rights in modern history.
  • The Bill of Rights Limited Edition Set 17 January 2010 4:50 UTC minsky.com [Source type: Original source]

.It was held that in the first trial, since the defense had not presented any evidence that there was no robbery, the jury's acquittal had to be based on the conclusion that the defendant's alibi was valid.^ Since there’s no defending his own behavior he had to spew something.
  • Think Progress » Fox News’ Ailes: ‘I defend the United States, Israel and the Constitution.’ 17 January 2010 4:50 UTC thinkprogress.org [Source type: General]

^ Thus, the Fifth Amendment requires that “No person shall be held to answer for a capital, or otherwise infamous crime” without presentment or indictment by a grand jury.
  • Fifth Amendment – FREE Fifth Amendment information | Encyclopedia.com: Find Fifth Amendment research 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

^ Ohio , 367 U.S. 643 (1961)] Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment ( 1 ) of a Grand Jury ( 1 ), ( 2 ) [Not selectively incorporated: Hurtado v.
  • Bill of Rights U.S. & Texas Constitutions 17 January 2010 4:50 UTC stclguns.homestead.com [Source type: Original source]

.Since one jury had held that the defendant was not present at the crime scene, the State could not re-litigate the issue.^ Since one jury had held that the defendant was not present at the crime scene, the State could not relitigate the issue.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Ohio , 367 U.S. 643 (1961)] Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment ( 1 ) of a Grand Jury ( 1 ), ( 2 ) [Not selectively incorporated: Hurtado v.
  • Bill of Rights U.S. & Texas Constitutions 17 January 2010 4:50 UTC stclguns.homestead.com [Source type: Original source]

^ This amendment guarantees that no one has to stand trial for such a federal crime unless a grand jury has indicted (accused) him or her.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 17 January 2010 4:50 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 17 January 2010 4:50 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 17 January 2010 4:50 UTC www.4uth.gov.ua [Source type: Original source]

Self-incrimination

.The fifth amendment protects witnesses from being forced to incriminate themselves.^ The Fifth Amendment protects witnesses from being forced to incriminate themselves.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Magazine article from: The Nation Aronson, James December 27, 1986 700+ words ...Congressional committees and took the Fifth Amendment to protect themselves against...might incriminate them.
  • Fifth Amendment – FREE Fifth Amendment information | Encyclopedia.com: Find Fifth Amendment research 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

^ Because use immunity is limited, a witness granted use immunity for grand jury testimony may validly invoke his Fifth Amendment privilege in a civil deposition proceeding when asked whether he had "so testified" previously, the deposition testimony not being covered by the earlier immunity.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

.To "plead the Fifth" is to refuse to answer a question because the response could provide self-incriminating evidence of an illegal conduct punished by fines, penalties or forfeiture.^ To "plead the Fifth" or to "take the Fifth" is to refuse to answer a question because the response could form incriminating evidence.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ When a witness before an Interstate Commerce Commission investigation invoked the Fifth Amendment to refuse to answer questions under oath, the majority of the Supreme Court ruled against his invocation of the privilege against self-incrimination.
  • The Second Amendment Before the Supreme Court 17 January 2010 4:50 UTC www.davekopel.com [Source type: Original source]

^ The Fifth Amendment's right against self-incrimination permits individuals to refuse to answer questions or disclose information that could be used against them in a criminal prosecution.
  • Fifth Amendment: Encyclopedia of Everyday Law 17 January 2010 4:50 UTC www.enotes.com [Source type: Original source]

[3]
.Historically, the legal protection against self-incrimination is directly related to the question of torture for extracting information and confessions.^ When a witness before an Interstate Commerce Commission investigation invoked the Fifth Amendment to refuse to answer questions under oath, the majority of the Supreme Court ruled against his invocation of the privilege against self-incrimination.
  • The Second Amendment Before the Supreme Court 17 January 2010 4:50 UTC www.davekopel.com [Source type: Original source]

^ Kaseys' Fifth Amendment privilege against self-incrimination and amount to involuntary servitude prohibited by the Thirteenth Amendment.
  • Constitutional Amendment Claims 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

^ There is no constitutional right to refuse to file an income tax return on the ground that it violates the Fifth Amendment privilege against self-incrimination.
  • Constitutional Amendment Claims 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

[4][5]
.The legal shift from widespread use of torture and forced confession dates to turmoil of the late 16th and early 17th century in England.^ Torture was being used on spies in England as late as 1673.
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ However, the use of brutal torture to extract confessions was routine in some rural states as late as the 1930s , and stopped only after the U.S. Supreme Court kept throwing out convictions based on such confessions, in cases like Green v.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Article 45 of the Massachusetts Body of Liberties of 1641 provided in part, "No man shall be forced by Torture to confesse any Crime against himselfe nor any other.

[6] .Anyone refusing to take the oath ex officio mero (confessions or swearing of innocence, usually before hearing any charges) was taken for guilty[6].^ A person refusing to take this oath was, by his very refusal, considered guilty.
  • "Why the Fifth Amendment?" by Howard Fast 17 January 2010 4:50 UTC www.trussel.com [Source type: Original source]

^ Toward the close of the sixteenth century, the English Court of the High Commission claimed to have inherited the right to administer the so-called "oath ex-officio."
  • "Why the Fifth Amendment?" by Howard Fast 17 January 2010 4:50 UTC www.trussel.com [Source type: Original source]

^ Cartwright had refused to take the oath ex officio before the High Commission on the grounds that "hee thought he was not bound by the lawes of God so to doe."

Suspected Puritans were pressed to take the oath and then reveal names of other Puritans. Coercion and torture were commonly used to compel "cooperation." .Puritans, who were at the time fleeing to the New World, began a practice of refusing to cooperate with interrogations.^ This new class of citizen gained his citizenship by the citizens of the "original class of citizenship" agreeing to establish a new class of citizenship and gifting that new class of citizenship (by the Amendment) to a certain designated "class of persons" who, at that time, were without any form of citizenship.
  • Original Intent Treatise - 14th Amendment Clarified 17 January 2010 4:50 UTC www.originalintent.org [Source type: Original source]

^ A suspect who claimed the privilege against self-incrimination would hardly be expected to receive courteous treatment at that time in New York.
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

.In the most famous case John Lilburne refused to take the oath in 1637. His case and his call for "freeborn rights" were rallying points for reforms against forced oaths, forced self-incrimination, and other kinds of coercion.^ When a witness before an Interstate Commerce Commission investigation invoked the Fifth Amendment to refuse to answer questions under oath, the majority of the Supreme Court ruled against his invocation of the privilege against self-incrimination.
  • The Second Amendment Before the Supreme Court 17 January 2010 4:50 UTC www.davekopel.com [Source type: Original source]

^ Fifth amendment: Requires indictment by Grand Jury for capital cases, prohibits double jeopardy and self-incrimination, requires due process for punishment, requires compensation for taking property.
  • Amendments to the United States Constitution - encyclopedia article - Citizendium 17 January 2010 4:50 UTC locke.citizendium.org [Source type: Original source]

^ The Fifth Amendment, a part of the Bill of Rights appended to the Constitution to guarantee individual and states' rights, dictates the government cannot force an American to incriminate himself.
  • FOXNews.com - White House 'Crashers' to Take the Fifth if Subpoenaed 17 January 2010 4:50 UTC www.foxnews.com [Source type: News]

.Oliver Cromwell's revolution overturned the practice and incorporated protections, in response to a popular group of English citizens known as the Levellers.^ Since legislatures are responsible for enacting laws by which all citizens are to be governed, they should be bodies which are collectively responsive to the popular will.
  • CONSTITUTIONAL LAW ‑- EQUAL PROTECTION CLAUSE OF FEDERAL CONSTITUTION ‑- 'ONE MAN ONE VOTE PRINCIPLE' ‑- FORTY PERCENT VOTER REQUIREMENT OF 17TH AMENDMENT TO STATE CONSTITUTION 17 January 2010 4:50 UTC www.atg.wa.gov [Source type: Original source]

^ By December 15, 1791, all the states ratified the ten amendments which became known as the Bill of Rights to protect the individual rights of American citizens.
  • AMENDMENTS to the U. S. CONSTITUTION 17 January 2010 4:50 UTC biblescripture.net [Source type: Original source]

^ English scholars use a scale known as the “Flesch Index” that measures the level of understanding necessary for an individual to comprehend the written English language.

.The Levellers presented The Humble Petition of Many Thousands to Parliament in 1647 with 13 demands, third of which was the right against self-incrimination in criminal cases.^ Kaseys' Fifth Amendment privilege against self-incrimination and amount to involuntary servitude prohibited by the Thirteenth Amendment.
  • Constitutional Amendment Claims 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

^ There is no constitutional right to refuse to file an income tax return on the ground that it violates the Fifth Amendment privilege against self-incrimination.
  • Constitutional Amendment Claims 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

^ Magazine article from: American Journal of Criminal Law Cole, Lance April 1, 2002 700+ words ...constitutional law: Does the Fifth Amendment provide any protection against...Court redefined the scope of the Fifth Amendment privilege against self-incrimination...impact of Fisher and restored Fifth Amendment protection to many private papers...
  • Fifth Amendment – FREE Fifth Amendment information | Encyclopedia.com: Find Fifth Amendment research 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

.These protections were brought to America by Puritans, and were later incorporated into the United States Constitution through the Bill of Rights.^ News & Politics united states constitution bill of rights billofrights congress constitution More...
  • Discover the United States Constitution 17 January 2010 4:50 UTC www.squidoo.com [Source type: Original source]

^ The Bill of Rights of the United States Constitution is short, to the point and written in English.
  • Southern Messenger � Bill of Rights, Constitution of the United States, & the Civil War History 17 January 2010 4:50 UTC www.southernmessenger.org [Source type: Original source]

^ The United States of America is a unique nation.

.In terms of Miranda rights, this is often referred to as the "right to remain silent". This amendment is also similar to Section 13 of the Canadian Charter of Rights and Freedoms.^ Amendment 13 SECTION 2 .
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 17 January 2010 4:50 UTC infousa.state.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 17 January 2010 4:50 UTC www.4uth.gov.ua [Source type: Original source]

^ In order to preserve the presumption of innocence a person in custody--that is, not free to leave--must, in principle, and prior to interrogation, be clearly informed of his or her right to remain silent, and informed that anything said can be used against him or her in court ( Miranda v.
  • Capital Punishment in the United States - a knol by Anonymous 17 January 2010 4:50 UTC knol.google.com [Source type: FILTERED WITH BAYES]

^ As with the remaining Amendments of the Bill of Rights, the First Amendment was passed in order to answer protestations that the newly created Constitution did not include sufficient guarantees of civil liberties .
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

.In other British Commonwealth countries like Australia and New Zealand, the right to silence of the accused both during questioning and at trial is regarded as an important right inherited from common law, and is protected in the New Zealand Bill of Rights and in Australia through various federal and state acts and codes governing the criminal justice system.^ Federal Government and of federal employees by the state governments.
  • Back to the Constitution | Robert H. Jackson Center 17 January 2010 4:50 UTC www.roberthjackson.org [Source type: Original source]

^ Right now, the Bill of Rights is the most important document the people have to protect them.
  • Kennedy: Constitution open to interpretation 17 January 2010 4:50 UTC www.prisonplanet.com [Source type: Original source]

^ United States and U.S.” means federal government.
  • Kennedy: Constitution open to interpretation 17 January 2010 4:50 UTC www.prisonplanet.com [Source type: Original source]

Legal proceeding

.The fifth amendment privilege against compulsory self-incrimination applies when an individual is called to testify in a legal proceeding.^ Kaseys' Fifth Amendment privilege against self-incrimination and amount to involuntary servitude prohibited by the Thirteenth Amendment.
  • Constitutional Amendment Claims 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

^ The privilege against self-incrimination was stated in her paragraph 8 as follows: (15) .
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ The privilege against self-incrimination is such a provision.
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

The U.S. supreme court ruled that the right against self-incrimination applies whether the witness is in a federal or state court (see Malloy v. .Hogan, 378 U.S. 1 (1964)), and whether the proceeding itself is criminal or civil (see McCarthy v.^ Then, if Congress intended that the proceeding be civil, the court determines whether there is nonetheless the “clearest proof” that the sanction is “so punitive” as to transform it into a criminal penalty.

^ Nor can Congress deny to the people the right to keep and bear arms, nor the right to trial by jury, nor compel anyone to be a witness against itself in a criminal proceeding.
  • The Second Amendment Before the Supreme Court 17 January 2010 4:50 UTC www.davekopel.com [Source type: Original source]

^ Hogan , 378 U.S. 1 (1964)], nor be deprived of life, liberty, or property, without due process of law *  [ See Hamdan v.
  • Bill of Rights U.S. & Texas Constitutions 17 January 2010 4:50 UTC stclguns.homestead.com [Source type: Original source]

.Arndstein
, 266 U.S. 34 (1924)).^ Arndstein, 266 U.S. 34 , 42 (1924), "because the present statute fails to afford complete immunity from a prosecution."
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

.The right was asserted at grand jury or congressional hearings in the 1950s, when witnesses testifying before the House Committee on Un-American Activities or the Senate Internal Security Subcommittee claimed the right in response to questions concerning their alleged membership in the Communist Party.^ Fifth Amendment protections apply wherever and whenever an individual is compelled to testify, including in settings such as grand jury or congressional hearings (in the 1950s , many witnesses testifying before the House Committee on Un-American Activities and the Senate Internal Security Subcommittee cited their rights under the amendment in response to questions concerning their alleged membership in the Communist Party , and the amendment has also been used extensively by defendants and witnesses in criminal cases involving the Mafia).
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ He testifies that he is not a member of the Communist Party.

^ A witness before a grand jury or congressional committee is compelled under the force of the Immunity Act to testify.

Under the Red Scare hysteria at the time of McCarthyism, witnesses who refused to answer the questions were accused as "fifth amendment communists". They lost jobs or positions in unions and other political organizations, and suffered other repercussions after "taking the fifth."
Senator Joseph McCarthy (R-Wisc.) asked, ."Are you now, or have you ever been a member of the Communist party," while he was chairman of the Senate Government Operations Committee Permanent Subcommittee on Investigations.^ You are a member of the United States government.
  • Constitution of the United States - Uncyclopedia, the content-free encyclopedia 17 January 2010 4:50 UTC uncyclopedia.wikia.com [Source type: Original source]
  • Constitution of the United States - Uncyclopedia, the content-free encyclopedia 17 January 2010 4:50 UTC mirror.uncyc.org [Source type: Original source]

^ ALLEN. Thank you, Mr. Chairman, and members of the committee.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 17 January 2010 4:50 UTC commdocs.house.gov [Source type: Original source]

^ He testifies that he is not a member of the Communist Party.

.Admitting to a previous communist party membership was not sufficient.^ Board of Bar Examiners of New Mexico , 353 U.S. 232 (1957), the Court reversed the decision of New Mexico's Board of Bar Examiners and the Supreme Court of New Mexico which had held that membership in the Communist Party disqualified him for admission to the Bar of New Mexico, the Supreme Court holding that previous membership in the Communist Party did not disqualify an applicant for admission to the Bar of New Mexico.
  • How the 5th Amendment was Subverted to Protect Treason 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ United States, 341 U.S. 494 , makes plain that membership in the Communist Party is a crucial link of evidence for conviction under the Smith Act, 54 Stat.

.Witnesses were also required to "name names," to implicate others they knew to be communists or who had been communists in the past.^ Probably, they will have been told not to waste their time on citizens who seem to understand their rights and they will leave and go to the next name and address on their list.
  • Southern Messenger � Bill of Rights, Constitution of the United States, & the Civil War History 17 January 2010 4:50 UTC www.southernmessenger.org [Source type: Original source]

^ The essential meaning of the other procedural requirements are so clearly stated and easily understood that for our purposes here they need no elaboration.
  • Inspired Constitution :: The Moral Basis of a Free Society 17 January 2010 4:50 UTC inspiredconstitution.org [Source type: Original source]

^ So were many others who remembered full well the treachery of Silas Deane -- because they felt it.
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

.Academy Award winning director Elia Kazan testified before the House Committee on Un-American Activities that he had belonged to the Communist Party briefly in his youth.^ He testifies that he is not a member of the Communist Party.

^ Fifth Amendment protections apply wherever and whenever an individual is compelled to testify, including in settings such as grand jury or congressional hearings (in the 1950s , many witnesses testifying before the House Committee on Un-American Activities and the Senate Internal Security Subcommittee cited their rights under the amendment in response to questions concerning their alleged membership in the Communist Party , and the amendment has also been used extensively by defendants and witnesses in criminal cases involving the Mafia).
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Congressional investigations have led to a great many court decisions concerning the right of a witness before a Congressional committee to refuse to testify even when granted immunity from prosecution.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: Original source]

He also "named names," which incurred enmity of many in Hollywood. .Other entertainers such as Zero Mostel found themselves on a Hollywood blacklist after taking the fifth, and were unable to find work for a while in the show business.^ If after such Reconsideration three fifths of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by three fifths of that House, it shall become a Law.
  • More Perfect: Creating a More Perfect Union - A Wiki For Politics And Policy - Constitution of the United States 17 January 2010 4:50 UTC www.moreperfect.org [Source type: Original source]

^ The primary protection of such rights has been found in the "liberty" provision of the Due Process Clauses of the Fifth and Fourteenth Amendments.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Other rights—such as the property and economic-liberty rights of the Fifth and Fourteenth Amendments or the Second Amendment's right to firearms—are given lesser protection or are ignored altogether.
  • Interpreting the Constitution Contextually 17 January 2010 4:50 UTC www.objectivistcenter.org [Source type: Original source]

.The amendment has also been used by defendants and witnesses in criminal cases involving the Mafia.^ No person shall 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 shall private property be taken for public use, without just compensation.
  • Resequenced United States Constitution at MROB 17 January 2010 4:50 UTC www.mrob.com [Source type: Original source]

^ Fifth Amendment protections apply wherever and whenever an individual is compelled to testify, including in settings such as grand jury or congressional hearings (in the 1950s , many witnesses testifying before the House Committee on Un-American Activities and the Senate Internal Security Subcommittee cited their rights under the amendment in response to questions concerning their alleged membership in the Communist Party , and the amendment has also been used extensively by defendants and witnesses in criminal cases involving the Mafia).
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ The Trono case and the Kepner cases both grew out of criminal prosecutions in the Philippines in which the defendant claimed his rights had been violated.
  • The Second Amendment Before the Supreme Court 17 January 2010 4:50 UTC www.davekopel.com [Source type: Original source]

.The supreme court has also used the incorporation doctrine to apply the self-incrimination clause against the states under the Fourteenth Amendment.^ [The Court reaffirmed that the privilege against self-incrimination wasn't incorporated into the Fourteenth Amendment, and thus didn't bound the states.
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 17 January 2010 4:50 UTC www.law.ucla.edu [Source type: Original source]

^ [The Court concluded that the privilege against self-incrimination wasn't incorporated into the Fourteenth Amendment, and thus didn't bound the states.
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 17 January 2010 4:50 UTC www.law.ucla.edu [Source type: Original source]

^ The privilege against self-incrimination was stated in her paragraph 8 as follows: (15) .
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

.The right against self-incrimination does not apply when an individual testifies before a self-regulatory organization (SRO).^ Congressional investigations have led to a great many court decisions concerning the right of a witness before a Congressional committee to refuse to testify even when granted immunity from prosecution.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: Original source]

^ All of the evidence indicates that the Second Amendment, like other parts of the Bill of Rights, applies to and protects individual Americans.” .
  • ACLU And The Second Amendment : Stop The ACLU 17 January 2010 4:50 UTC www.stoptheaclu.com [Source type: Original source]

^ In a one sentence holding, the court simply concluded that the Second Amendment "applies only to the right of the State to maintain a militia and not to the individual`s right to bear arms.
  • NRA-ILA :: Federal Court Cases Regarding The Second Amendment 17 January 2010 4:50 UTC www.nraila.org [Source type: Original source]

.SROs, such as the National Association of Securities Dealers (NASD), are generally not considered as state actors subject to the restraints of the fifth amendment.^ As stated in the Fifth Amendment: "No person .
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution provides that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” U.S. Const.
  • Yeager v. United States (08-67) | LII / Legal Information Institute 17 January 2010 4:50 UTC topics.law.cornell.edu [Source type: Original source]

^ Ogden, subject to State jurisdiction.  Only such existing rights were committed by the people to the protection of Congress as came within the general scope of the authority granted to the national government.
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 17 January 2010 4:50 UTC www.law.ucla.edu [Source type: Original source]

.Department of Enforcement, United States v.^ Finally, that the Treasury Department would take these unconstitutional actions to help the United States address difficult economic times is not an answer.
  • Hot Air » Blog Archive » Senior creditors: Chrysler deal violates 5th Amendment 17 January 2010 4:50 UTC hotair.com [Source type: Original source]

^ Constitution in the government of the United States, or in any department or officer thereof.
  • FAN's Guide To Constitution of the United States of America 17 January 2010 4:50 UTC www.freedomactivist.net [Source type: Original source]

^ (The following text is part of the U.S. Department of State publication, About America: The Constitution of the United States of America with Explanatory Notes.
  • Amendments to the U.S. Constitution, Annotated 17 January 2010 4:50 UTC www.america.gov [Source type: Original source]

Solomon, 509 F. 2d 863 (2d Cir. 1975); D. L. Cromwell Invs., Inc. v. NASD Regulation, Inc., 132 F. Supp. .2d 248, 251-53 (S.D.N.Y. 2001), aff'd, 279 F.3d 155, 162 (2d Cir.^ (D.S. Fla 1976), aff`d, 561 F.2d 1160 (5th Cir.
  • NRA-ILA :: Federal Court Cases Regarding The Second Amendment 17 January 2010 4:50 UTC www.nraila.org [Source type: Original source]

^ Paramo, 998 F.2d 1212, 1218 (3d Cir.
  • United States v. Valuck, 286 F.3d 221 (5th Cir. 03/14/2002) 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

^ Abravaya, 616 F.2d 250, 251-52 (5th Cir.
  • United States v. Valuck, 286 F.3d 221 (5th Cir. 03/14/2002) 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

2002), cert. denied, 537 U.S. 1028 (2002); Marchiano v. NASD, 134 F. Supp. 2d 90, 95 (D.D.C. 2001). .SROs also lack subpoena powers, so they rely heavily on requiring testimony from individuals while wielding the threat of a bar from the industry (permanent, if decided by the NASD) in the case of noncompliance.^ The "Grandfather's Clause" cases, as they were called, were decided by the Supreme Court in 1915.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 17 January 2010 4:50 UTC www.barefootsworld.net [Source type: Original source]

^ But doing so pragmatically requires the establishment of a new compact between them because individually they are too weak to overthrow the establish order.
  • Washington is Selling Servitude | Tenth Amendment Center Blog 17 January 2010 4:50 UTC blog.tenthamendmentcenter.com [Source type: Original source]

^ These settlers highly prized personal freedom, and they were wary of any power especially that of government that might curtail individual liberties.
  • United States Government - The Constitution 17 January 2010 4:50 UTC countrystudies.us [Source type: Original source]

Custodial interrogation

.The Fifth Amendment limits the use of evidence obtained illegally by the law enforcement.^ The Fifth Amendment is used to justify Eminent Domain .
  • The Fifth Amendment is used to justify Eminent Domain - Liberty Forest 17 January 2010 4:50 UTC www.ronpaulforums.com [Source type: Original source]

^ What has happened to the Fifth Amendment, so deliberately limited by the Founding Fathers to "criminal cases"?
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ Starnes (1970), 21 Ohio St. Implied consent law does not violate Fourth or Fifth Amendments.
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

.Originally, at common law, even a confession obtained by torture was admissible.^ Originally, at common law , any confession, however obtained (even by torture), was admissible in court.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ For instance, grand juries and the phrase "due process" both trace their origin to common law.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]
  • Wikijunior:United States Charters of Freedom/Bill of Rights - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]
  • Wikijunior:United States Charters of Freedom/Bill of Rights - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

^ The term “due process of law” had its origin in the English Common Law, and at the time of the formation of the Constitution had a well-defined meaning.
  • Inspired Constitution :: The Moral Basis of a Free Society 17 January 2010 4:50 UTC inspiredconstitution.org [Source type: Original source]

.In the eighteenth century, common law in England provided that coerced confessions were inadmissible.^ In the eighteenth century, common law in England came to provide that coerced confessions were inadmissible.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ To Provide for the Common Defense" Even with its independence secured, the new nation faced very real dangers on many sides in the late 18th century.
  • United States Government - The Constitution 17 January 2010 4:50 UTC countrystudies.us [Source type: Original source]

^ BZZZZZT In the United States, the power of governments to take private real or personal property predates the Constitution, being a part of the common law inherited from England.
  • FARK.com: (3829729) Ron Paul's wife to be discharged from hospital. Paul objects on grounds that nowhere in the Constitution is hospital release addressed 17 January 2010 4:50 UTC www.fark.com [Source type: Original source]

.The common law rule was incorporated into American law by the courts.^ In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
  • http://www.infoplease.com/ipa/A0749825.html 17 January 2010 4:50 UTC www.infoplease.com [Source type: Original source]

^ The Constitution made no provision for wholesale adoption of the common law, but, on the contrary, was premised on the view that common law rules would always be subject to legislative alteration.

^ In 1998, however, the Supreme Court ruled that the power created by the 1996 law was unconstitutional.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

However, the use of brutal torture to extract confessions was routine in some rural states as late as the 1930s, and stopped only after the Supreme Court kept overruling convictions based on such confessions, in cases like Brown v. Mississippi, 297 U.S. 278 (1936).
.Law enforcement responded by switching to more subtle techniques, but the courts held that such techniques, even if they do not involve physical torture, may render a confession involuntary and inadmissible.^ Police departments responded by switching to more subtle techniques, so the next step was a series of cases in which the Court held that physical torture is not the only element that renders a confession involuntary and inadmissible.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Originally, at common law , any confession, however obtained (even by torture), was admissible in court.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ However, the use of brutal torture to extract confessions was routine in some rural states as late as the 1930s , and stopped only after the U.S. Supreme Court kept throwing out convictions based on such confessions, in cases like Green v.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

In Chambers v. .Florida (1940) the Court held a confession obtained after five days of prolonged questioning, during which time the defendant was held incommunicado, to be coerced.^ Florida ( 1940 ) held a confession obtained after five days of prolonged questioning, during which time the defendant was held incommunicado , to be coerced; a similar finding was reached in Ashcraft v.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Washington ( 1963 ) held that an "unfair and inherently coercive context" (for instance, a prolonged interrogation) rendered a confession inadmissible.
  • Fifth Amendment to the United States Constitution - dKosopedia 17 January 2010 4:50 UTC dkosopedia.com [Source type: Original source]

^ Like Synnes, infra , the court here held that the defendant could "present .
  • NRA-ILA :: Federal Court Cases Regarding The Second Amendment 17 January 2010 4:50 UTC www.nraila.org [Source type: Original source]

In Ashcraft v. Tennessee (1944), the suspect had been interrogated continuously for thirty-six hours under electric lights. In Haynes v. .Washington (1963) the Court held that an "unfair and inherently coercive context" including a prolonged interrogation rendered a confession inadmissible.^ United States (1943), the Court held that a confession could not be used as evidence at trial when it was obtained after an “unnecessary delay” in presenting a suspect for arraignment after arrest.
  • Fifth Amendment – FREE Fifth Amendment information | Encyclopedia.com: Find Fifth Amendment research 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

^ Typically, Cruikshank is cited out of context by claiming the court held the Second Amendment "is not a right granted by the Constitution."
  • GunCite-Second Amendment-The Supreme Court and the Second Amendment 17 January 2010 4:50 UTC www.guncite.com [Source type: Original source]

^ "[After] the Fourteenth Amendment was ratified, the Court held that certain fundamental rights in the Bill of Rights were "incorporated," or included, in the amendment's due process clause.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

Miranda v. Arizona (1966) was a landmark case involving confessions. .Ernesto Miranda had signed a statement confessing the crime, but the Supreme Court held that the confession was inadmissible because the defendant had not been warned of his rights.^ The court explained that because the defendant .
  • United States v. Valuck, 286 F.3d 221 (5th Cir. 03/14/2002) 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

^ After the Civil War , Poll taxes (taxes to be paid for the right to vote) had been enacted in eleven Southern states as a measure to prevent poor black people from voting, and had been held to be unconstitutional by the United States Supreme Court.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

^ Arizona (1966), the Court held that the prosecution may not use a statement taken from a person held in custody unless the person is “warned that he has a right to remain silent, that any statement he does make may be used as evidence him, and that he has a right to an attorney, either retained or appointed” (pp.
  • Fifth Amendment – FREE Fifth Amendment information | Encyclopedia.com: Find Fifth Amendment research 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

.The Court held, "the prosecution may not use statements [...] stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.^ Statements compelled by police interrogation may not be used against a defendant in a criminal trial, but the Self-Incrimination Clause is not violated until such use is intended.
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

^ The privilege against self-incrimination was stated in her paragraph 8 as follows: (15) .
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ It, however, has not been expanded in the same ways the privilege against self‐incrimination has.
  • Fifth Amendment – FREE Fifth Amendment information | Encyclopedia.com: Find Fifth Amendment research 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

.Custodial interrogation is initiated by law enforcement after a person has been taken into custody or otherwise deprived of his freedom of movement.^ The statement that no person shall be deprived of life, liberty, or property "without due process of law" expresses one of the most important rules of the Constitution.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ But the 14th Amendment declares that no state can deprive any person of life, liberty, or property without "due process of law."
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 17 January 2010 4:50 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 17 January 2010 4:50 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 17 January 2010 4:50 UTC www.4uth.gov.ua [Source type: Original source]
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ State deprive any person of life, liberty, or property, without due process of law; .
  • Resequenced United States Constitution at MROB 17 January 2010 4:50 UTC www.mrob.com [Source type: Original source]

.As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required.^ Rather, securing these rights requires the invasion of other persons' rights.
  • Interpreting the Constitution Contextually 17 January 2010 4:50 UTC www.objectivistcenter.org [Source type: Original source]

^ Supporters of the individual rights model read Miller to support the right of individuals privately to possess and bear their own firearms, while supporters of the States' right model read Miller as endorsing the view that the Second Amendment exists specifically to "assure the continuation and render possible the effectiveness" of the militia.
  • Second Amendment to the United States Constitution at AllExperts 17 January 2010 4:50 UTC en.allexperts.com [Source type: Original source]

^ Persons accused of crimes and these include enemy nationals accused of spying, subversion, and other dangerous activities are given the right to defend themselves and, under the American system, are presumed innocent until proven guilty.
  • United States Government - The Constitution 17 January 2010 4:50 UTC countrystudies.us [Source type: Original source]

.Before any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed."^ Arizona ruling, decided that all defendants must be warned of their rights before questioning.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Arizona (1966), the Court held that the prosecution may not use a statement taken from a person held in custody unless the person is “warned that he has a right to remain silent, that any statement he does make may be used as evidence him, and that he has a right to an attorney, either retained or appointed” (pp.
  • Fifth Amendment – FREE Fifth Amendment information | Encyclopedia.com: Find Fifth Amendment research 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

^ Does that statement make any sense?
  • We in the US badly need a new amendment to our constitution. We need a separation between corporation and state. : politics 17 January 2010 4:50 UTC www.reddit.com [Source type: Original source]

.The warning to which Chief Justice Earl Warren referred is now called the Miranda warning, and it is customarily delivered by the police to an individual upon his or her arrest.^ And since Chief Justice Taney was discussing individual rights which Congress could not infringe, the only reasonable way to read the Chief Justice's reference to the Second Amendment is as a reference to an individual right.
  • The Second Amendment Before the Supreme Court 17 January 2010 4:50 UTC www.davekopel.com [Source type: Original source]

^ "The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men," wrote Chief Justice Earl Warren for the majority.
  • Pew Forum: The Constitutional Dimensions of the Same-Sex Marriage Debate: 2008 17 January 2010 4:50 UTC pewforum.org [Source type: Original source]
  • Pew Forum: The Constitutional Dimensions of the Same-Sex Marriage Debate 17 January 2010 4:50 UTC pewforum.org [Source type: Original source]

^ When a potential defendant is called to testify before a grand jury, Miranda type warnings must be given.
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

.Miranda has been clarified by several further Supreme Court rulings.^ In 1998, however, the Supreme Court ruled that the power created by the 1996 law was unconstitutional.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ The Supreme Court has ruled that religious student and non-student groups must be permitted to use school and other public facilities on the same basis as secular groups.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Because of common use of coercive interrogation methods, the Supreme Court in its 1966 Miranda v.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

.For the warning to be necessary, the questioning must be conducted under "custodial" circumstances.^ Depending on the circumstances surrounding the single course of conduct, the Court has adopted various other tests in resolving this question and has allowed lower federal and state courts to do the same.
  • Fifth Amendment: Encyclopedia of Everyday Law 17 January 2010 4:50 UTC www.enotes.com [Source type: Original source]

^ Nor will we decide a constitutional question when under any construction the challenged provision must be sustained.
  • United States v. Timothy Emerson, Potowmack Institute, amicus curiae, Second Amendment 17 January 2010 4:50 UTC www.potowmack.org [Source type: Original source]

^ Arizona ruling, decided that all defendants must be warned of their rights before questioning.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

.A person detained in jail or under arrest is, of course, deemed to be in police custody.^ Once again, police discovered two men having consensual sex in a private residence and arrested them under a state anti-sodomy law.
  • Pew Forum: The Constitutional Dimensions of the Same-Sex Marriage Debate: 2008 17 January 2010 4:50 UTC pewforum.org [Source type: Original source]
  • Pew Forum: The Constitutional Dimensions of the Same-Sex Marriage Debate 17 January 2010 4:50 UTC pewforum.org [Source type: Original source]

^ Applying to arrests and to searches of persons, homes, and other private places, this amendment requires a warrant, thereby placing a neutral magistrate between the police and the citizen.
  • U.S. Senate: Reference Home > Constitution of the United States 17 January 2010 4:50 UTC www.senate.gov [Source type: Original source]

.Alternatively, a person who is under the reasonable belief that he may not freely leave from the restraint of law enforcement is also deemed to be in "custody."^ REPRESENTATIVE JOHN RANDOLPH "A people who mean to continue free must be prepared to meet danger in person..."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 17 January 2010 4:50 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ In particular, he found, "the [Colorado] amendment imposes a special disability upon [homosexuals]," who are "forbidden the safeguards that others enjoy or may seek without restraint."
  • Pew Forum: The Constitutional Dimensions of the Same-Sex Marriage Debate: 2008 17 January 2010 4:50 UTC pewforum.org [Source type: Original source]
  • Pew Forum: The Constitutional Dimensions of the Same-Sex Marriage Debate 17 January 2010 4:50 UTC pewforum.org [Source type: Original source]

^ There are numerous disabilities created by federal law that attach to a person who is a Communist.

That determination of "reasonableness" is based on a totality of the objective circumstances. A mere presence at a police station may not be sufficient, but nor is it required. Traffic stops are not deemed custodial. Additionally, the Court ruled in Yarborough v. .Alvarado that a suspect's age and inexperience are not objective factors required to be considered when determining whether it was reasonable for the suspect to believe that he was not free to leave during the questioning.^ The question whether a particular intended use is a public use is clearly a judicial one, 174 but the Court has always insisted on a high degree of judicial deference to the legislative determination.
  • FindLaw Supreme Court Center: U.S. Constitution: Fifth Amendment: Annotations pg. 14 of 16 17 January 2010 4:50 UTC supreme.lp.findlaw.com [Source type: Original source]

^ In this case, there are good reasons for believing that advocates of the Bliley Amendment can, indeed, accomplish their objectives without completely redoing the structure of the Constitution.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 17 January 2010 4:50 UTC commdocs.house.gov [Source type: Original source]

^ And in considering whether the Court could specify a reasonable time for an amendment to be before the State before it lost its validity as a proposal, Chief Justice Hughes asked: "Where are to be found the criteria for such a judicial determination?
  • Article V: Mode of Amendment - Constitution of the United States (Annotated) - vLex 17 January 2010 4:50 UTC vlex.com [Source type: Original source]

.The questioning does not have to be explicit to trigger Miranda rights.^ "Second question, how can you say the Constitution doesn’t protect the rights of non-citizens, when it does in other amendments."
  • Victoria Advocate | Cheney is 'true patriot' 17 January 2010 4:50 UTC www.victoriaadvocate.com [Source type: Original source]

.For example, two police officers engaging in a conversation designed to elicit an incriminating statement from a suspect would constitute questioning.^ "Every element of these requirements would have served to incriminate petitioners; to have required him to present his claim to Treasury officers would have obliged him 'to prove guilt to avoid admitting it."'
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ The Constitution is concise, and its very brevity and its general statement of principles have, by accident more than by design, made possible the extension of meaning that has fostered growth.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: Original source]

^ Ohio-3062 -- False statements to a police officer are not protected under the Fifth Amendment privilege against self-incrimination.
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

.A person may choose to waive his Miranda rights, but the prosecution has the burden of showing that such a waiver was actually made.^ In 1910 a constitutional amendment in Oklahoma presented a literacy test (which may be legal if fair) and at the same time limited the right to vote to a person who was a voter on January 1, 1866, or a lineal descendant of such a person.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 17 January 2010 4:50 UTC www.barefootsworld.net [Source type: Original source]

^ T he Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
  • THE UNITED STATES CONSTITUTION - We the People 17 January 2010 4:50 UTC constitutionus.com [Source type: Original source]

^ The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
  • The United States Constitution - The U.S. Constitution Online - USConstitution.net 17 January 2010 4:50 UTC www.usconstitution.net [Source type: Original source]
  • TheConstitution of the United States 17 January 2010 4:50 UTC www.harrybrowne.org [Source type: Original source]
  • U.S. Senate: Reference Home > Constitution of the United States 17 January 2010 4:50 UTC www.senate.gov [Source type: Original source]
  • FAN's Guide To Constitution of the United States of America 17 January 2010 4:50 UTC www.freedomactivist.net [Source type: Original source]
  • National Constitution Center: Text of the Constitution 17 January 2010 4:50 UTC www.constitutioncenter.org [Source type: Original source]
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 17 January 2010 4:50 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 17 January 2010 4:50 UTC www.america.gov [Source type: Original source]
  • THE UNITED STATES CONSTITUTION 17 January 2010 4:50 UTC people.brandeis.edu [Source type: Original source]
  • The United States Constitution 17 January 2010 4:50 UTC www.minnesota-china.com [Source type: Original source]
  • The United States Constitution | The Smoking Argus Daily | Investigating the Underbelly of Politics and Government 17 January 2010 4:50 UTC smargus.com [Source type: Original source]
  • FCIC: Constitution of the United States and the Declaration of Independence 17 January 2010 4:50 UTC www.pueblo.gsa.gov [Source type: Original source]
  • How Many Amendments Are There to the Constitution 17 January 2010 4:50 UTC www.docstoc.com [Source type: Original source]
  • The Constitution of the United States  Preamble 17 January 2010 4:50 UTC faculty.winthrop.edu [Source type: Original source]
  • Constitution of the United States 17 January 2010 4:50 UTC www.history.com [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 17 January 2010 4:50 UTC www.4uth.gov.ua [Source type: Original source]
  • Resequenced United States Constitution at MROB 17 January 2010 4:50 UTC www.mrob.com [Source type: Original source]
  • The Constitution of the United States of America | www.wvsd.uscourts.gov 17 January 2010 4:50 UTC www.wvsd.uscourts.gov [Source type: Original source]
  • U.S. Constitution 17 January 2010 4:50 UTC www.tyranttamer.com [Source type: Original source]
  • CONSTITUTION OF THE UNITED STATES, 17 January 2010 4:50 UTC www.history.com [Source type: Original source]

.A confession not preceded by a Miranda warning where one was necessary cannot be admitted as evidence against the confessing party in a judicial proceeding.^ The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]
  • Sharon Preston - Wage & Hour Law -- The US Constitution 17 January 2010 4:50 UTC www.sharonprestonlaw.com [Source type: Original source]
  • Constitution of the United States of America 17 January 2010 4:50 UTC www.greatbooks.org [Source type: Original source]

^ The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state.
  • The Constitution of the United States 17 January 2010 4:50 UTC www.worldquest.com [Source type: Original source]
  • Constitution of the United States 17 January 2010 4:50 UTC www.nhinet.org [Source type: Original source]

^ The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State or by Citizens or Subjects of any Foreign State.
  • Constitution of the United States of America 17 January 2010 4:50 UTC home.surewest.net [Source type: Original source]

.The Supreme Court, however, has held that if a defendant voluntarily testifies at the trial that he did not commit the crime, his confession may be introduced to challenge his credibility, to "impeach" the witness, even if it had been obtained without the warning.^ At least two witnesses must testify in court that the defendant committed a treasonable act.
  • U.S. Senate: Reference Home > Constitution of the United States 17 January 2010 4:50 UTC www.senate.gov [Source type: Original source]
  • The United States Constitution ~ Government ~ Using the HS VSC ~ School Improvement in Maryland 17 January 2010 4:50 UTC mdk12.org [Source type: Original source]

^ The Supreme Court has held that evidence obtained in violation of the Fourth Amendment may not be admitted in evidence in a criminal trial.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 17 January 2010 4:50 UTC infousa.state.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 17 January 2010 4:50 UTC www.4uth.gov.ua [Source type: Original source]

^ The court agreed with the trial court that the right to arms is an individually-held right, however.
  • NRA-ILA :: Federal Court Cases Regarding The Second Amendment 17 January 2010 4:50 UTC www.nraila.org [Source type: Original source]

In Hiibel v. .Sixth Judicial District Court of Nevada, the Supreme Court ruled 5–4 on June 21, 2004 that the Fourth, Fifth, and Fourteenth Amendments do not give people the right to refuse to give their name when questioned by police.^ The Supreme Court answered this question in Barron v.
  • Fifth Amendment: Encyclopedia of Everyday Law 17 January 2010 4:50 UTC www.enotes.com [Source type: Original source]

^ Why has the Supreme Court refused to… .
  • » An Open Letter to Our Nation’s Leadership The Glenn Beck Blog « FOXNews.com 17 January 2010 4:50 UTC glennbeck.blogs.foxnews.com [Source type: Original source]

^ The Supreme Court has yet to rule on these questions.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

Refusal to testify in a criminal case

.The Supreme Court ruled that the government cannot punish a criminal defendant for exercising his right to silence, by allowing the prosecutor to ask the jury to draw an inference of guilt from the defendant's refusal to testify in his own defense.^ Why has the Supreme Court refused to… .
  • » An Open Letter to Our Nation’s Leadership The Glenn Beck Blog « FOXNews.com 17 January 2010 4:50 UTC glennbeck.blogs.foxnews.com [Source type: Original source]

^ The right to counsel includes the right to a court appointed counsel if a defendant cannot pay for his own.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ The Supreme Court has ruled that almost all rights have limitations.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

Griffin v. California, 380 U.S. 609 (1965). .In Griffin, the Court overturned as unconstitutional under the federal constitution a provision of the California state constitution that explicitly granted such power to prosecutors.^ Federal and state judges apply the Constitution in many court cases.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ If such a power did not then exist under the Constitution of the United States, it does not exist under this provision of the Constitution, which has not been amended.
  • U.S. Constitution 14th Amendment - Introduction 17 January 2010 4:50 UTC www.14th-amendment.com [Source type: Original source]

^ The Constitution provides limited powers to federal government over the state Citizens.

Refusal to testify in a civil case

.While defendants are entitled to assert that right, there are consequences to the assertion of the Fifth Amendment in a civil action.^ Robinson (1988), 485 U.S. 25 -- There is no violation of a defendant's Fifth Amendment privilege when a prosecutor's assertion in argument that the defendant could have taken the stand was a "fair response" to assertions by defense counsel that the government had unfairly denied him an opportunity to explain his actions.
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

^ The June 1954 issue of the American Bar Association Journal carried a speech made by Dean Erwin N. Griswold of Harvard entitled The Fifth Amendment .
  • How the 5th Amendment was Subverted to Protect Treason 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ Equal Rights Amendment Extension: Hearings Before the House Judiciary Subcommittee on Civil and Constitutional Rights, 95th Congress, 1st/2d Sess.
  • Article V: Mode of Amendment - Constitution of the United States (Annotated) - vLex 17 January 2010 4:50 UTC vlex.com [Source type: Original source]

.The Supreme Court has held that “the Fifth Amendment does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them.” Baxter v.^ Why has the Supreme Court refused to… .
  • » An Open Letter to Our Nation’s Leadership The Glenn Beck Blog « FOXNews.com 17 January 2010 4:50 UTC glennbeck.blogs.foxnews.com [Source type: Original source]

^ Because use immunity is limited, a witness granted use immunity for grand jury testimony may validly invoke his Fifth Amendment privilege in a civil deposition proceeding when asked whether he had "so testified" previously, the deposition testimony not being covered by the earlier immunity.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ After the Civil War , Poll taxes (taxes to be paid for the right to vote) had been enacted in eleven Southern states as a measure to prevent poor black people from voting, and had been held to be unconstitutional by the United States Supreme Court.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

Palmigiano, 425 U.S. 308, 318 (1976). “[A]s Mr. Justice Brandeis declared, speaking for a unanimous court in the Tod case, ‘Silence is often evidence of the most persuasive character.’” Id. at .319 (quoting United States ex rel.^ In United States ex rel Widenmann v.
  • TONA Research Committee - Chronology of Historic Events 17 January 2010 4:50 UTC www.amendment-13.org [Source type: Original source]

^ Message from the president of the United States, transmitting, a letter from the gov. South Carolina, and extracts from the journal of the proceedings of the legislature of that state, relative to the thirteenth article of the amendments to the Constit .

^ It is acting in behalf of and as the representative of the people of the United States under the power expressly conferred by Article V, before quoted.
  • Maine Opinion of the Justices: ratification of a Federal Amendment cannot be referred to the people of the State, 118 Me. 544, 107 Atl. 673, 1919 17 January 2010 4:50 UTC www.cusdi.org [Source type: Original source]

Bilokumsky v. Tod, 263 U.S. 149, 153-154 (1923)). “‘Failure to contest an assertion...is considered evidence of acquiescence...if it would have been natural under the circumstances to object to the assertion in question.’” Id. .(quoting United States v.^ That Glossary might be useful to a stranger in the capital of the United States today; we therefore quote a portion: .
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ United States, 350 U.S. 422 , 438 (1956), (quoting Shapiro v.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ United States, 328 U.S. 582 , 589 -90 (1946), (quoting in turn Wilson v.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

Hale, 422 U.S. 171, 176 (1975)).
.In Baxter, the state was entitled to an adverse inference against Palmigiano because of the evidence against him and his assertion of the Fifth Amendment privilege.^ Fifth Amendment did not apply to the states.
  • Fifth Amendment: Encyclopedia of Everyday Law 17 January 2010 4:50 UTC www.enotes.com [Source type: Original source]

^ The June 1954 issue of the American Bar Association Journal carried a speech made by Dean Erwin N. Griswold of Harvard entitled The Fifth Amendment .
  • How the 5th Amendment was Subverted to Protect Treason 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ The Fourteenth Amendment forbids the States to violate "the privileges or immunities of citizens of the United States".
  • Second Amendment to the United States Constitution at AllExperts 17 January 2010 4:50 UTC en.allexperts.com [Source type: Original source]

Federal income tax

.In some cases, individuals may be legally required to file reports that call for information that may be used against them in criminal cases.^ No person shall 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 shall private property be taken for public use, without just compensation.
  • Resequenced United States Constitution at MROB 17 January 2010 4:50 UTC www.mrob.com [Source type: Original source]

^ Jeopardy may have already attached and terminated in a prior criminal proceeding, but the state may bring further criminal action against a person so long as it is not for the same offense.
  • Fifth Amendment: Encyclopedia of Everyday Law 17 January 2010 4:50 UTC www.enotes.com [Source type: Original source]

^ Otherwise, innocent individuals may be punished if a court allows the testimony of unknown witnesses to be used as evidence.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

In United States v. .Sullivan, 274 U.S. 259 (1927), the United States Supreme Court ruled that a taxpayer could not invoke the Fifth Amendment's protections as the basis for refusing to file a required federal income tax return.^ Name the different Courts of the United States.
  • The Blessings of Liberty 17 January 2010 4:50 UTC www.valdosta.edu [Source type: Original source]

^ The Supreme Court has ruled that the Amendment XIII does not prohibit mandatory military service in the United States.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

^ Amendment XVI · Income taxes authorized.
  • We the People; US Constitution 17 January 2010 4:50 UTC www.leftjustified.com [Source type: Original source]

.The Court stated: "If the form of return provided called for answers that the defendant was privileged from making[,] he could have raised the objection in the return, but could not on that account refuse to make any return at all.^ However, "[i]f the form of return provided called for answers that the defendant was privileged from making he could have raised the objection in the return .
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ It provided that states could only be sued in state courts.
  • U.S. Senate: Reference Home > Constitution of the United States 17 January 2010 4:50 UTC www.senate.gov [Source type: Original source]

^ In all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
  • The Project Gutenberg eBook of "The United States' Constitution", by Founding Fathers. 17 January 2010 4:50 UTC www.gutenberg.org [Source type: Original source]

We are not called on to decide what, if anything, he might have withheld."
In Garner v. .United States, 424 U.S. 648 (1976) the defendant was convicted of crimes involving a conspiracy to "fix” sporting contests and to transmit illegal bets.^ United States (1968), 390 U.S. 39 -- Defendant was prosecuted for failure to register and pay occupational tax on gambling proceeds.
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

^ United States, 424 U.S. 648 (1976), holding that a taxpayer's privilege against self-incrimination was not violated when he failed to claim his privilege on his tax returns, and instead gave incriminating information leading to conviction.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ And they shall make a list of all the persons voted for each; which list they shall sign and certify, and transmit sealed to the seat of Government of the United States, directed to the President of the Senate.
  • The Constitution of the United States 17 January 2010 4:50 UTC www.worldquest.com [Source type: Original source]
  • Constitution of the United States 17 January 2010 4:50 UTC www.nhinet.org [Source type: Original source]

.During the trial the prosecutor introduced, as evidence, the taxpayer's Federal income tax returns for various years.^ Supreme Court decision holding unconstitutional a federal tax on income derived from property and not apportioned among the states.
  • CONSTITUTION OF THE UNITED STATES, 17 January 2010 4:50 UTC www.history.com [Source type: Original source]

^ [AU71] Income taxes were levied in Great Britain during the Napoleonic Wars in 1799-1816, and were made permanent in 1874.
  • THE UNITED STATES CONSTITUTION 17 January 2010 4:50 UTC people.brandeis.edu [Source type: Original source]

^ A forerunner to this amendment was an act passed in 1894, which attempted were made to impose a federal tax of 2% on incomes over $3,000.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

.In one return the taxpayer had showed his occupation to be “professional gambler.” In various returns the taxpayer had reported income from “gambling” or “wagering.” The prosecution used this to help contradict the taxpayer's argument that his involvement was innocent.^ United States (1968), 390 U.S. 39 -- Defendant was prosecuted for failure to register and pay occupational tax on gambling proceeds.
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

^ But we have standards that we all use on this subcommittee when we're looking at various amendments, but it might well be helpful for us to look at that in a more systematic way to further the work of the committee.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 17 January 2010 4:50 UTC commdocs.house.gov [Source type: Original source]

.The taxpayer tried unsuccessfully to keep the prosecutor from introducing the tax returns as evidence, arguing that since the taxpayer was legally required to report the illegal income on the returns, he was being compelled to be a witness against himself.^ The four dissenters contended essentially that the privilege protected against being compelled to incriminate oneself regardless of any subsequent prosecutorial effort, id.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ It requires trial by an unbiased jury, guarantees the right to legal counsel for the accused, and provides that witnesses shall be compelled to attend the trial and testify in the presence of the accused.
  • United States Government - The Constitution 17 January 2010 4:50 UTC countrystudies.us [Source type: Original source]

^ In addition to record-keeping requirements, is the network of provisions for filing reports.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

.The Supreme Court agreed that he was legally required to report the illegal income on the returns, but ruled that the privilege against self-incrimination still did not apply.^ The privilege against self-incrimination was stated in her paragraph 8 as follows: (15) .
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ The privilege against self-incrimination is such a provision.
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ For several years "Pittman" was "modern authority" for the Supreme Court on the privilege against self-incrimination.
  • How the 5th Amendment was Subverted to Protect Treason 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

.The Court stated that "if a witness under compulsion to testify makes disclosures instead of claiming the privilege, the Government has not 'compelled' him to incriminate himself."^ Congressional investigations have led to a great many court decisions concerning the right of a witness before a Congressional committee to refuse to testify even when granted immunity from prosecution.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: Original source]

^ Dinsio (1964), 176 Ohio St. Syllabus: "In a criminal case, where a claim of a witness that he can not be compelled to testify as a witness because of the privilege of immunity from self-incrimination is properly established, it is error prejudicial to the defendant for the court to permit counsel for the state, by continued questioning of the witness, which questions go unanswered, to get before the jury innuendoes and inferences of facts, conditions and circumstances which the state could not get before the jury by direct testimony of the witness."
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

^ Therefore, the Court emphasized the "use" restriction rationale of Counselman and announced that as a "constitutional rule, a state witness could not be compelled to incriminate himself under federal law unless federal authorities were precluded from using either his testimony or evidence derived from it," and thus formulated a use restriction to that effect.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

.Sullivan and Garner are viewed by some legal scholars as standing, in tandem, for the proposition that on a required Federal income tax return a taxpayer would probably have to report the amount of the illegal income, but might validly claim the privilege by labeling the item "Fifth Amendment" (instead of "illegal gambling income," "illegal drug sales," etc.^ Amendment XVI · Income taxes authorized.
  • We the People; US Constitution 17 January 2010 4:50 UTC www.leftjustified.com [Source type: Original source]

^ AMENDMENT XVI Income tax.
  • CONSTITUTION OF THE UNITED STATES 17 January 2010 4:50 UTC www.endtimesreport.com [Source type: Original source]

^ Sullivan 246 in which a unanimous Court held that the Fifth Amendment did not privilege a bootlegger in not filing an income tax return because the filing would have disclosed the illegality in which he was engaged.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

)

Grants of immunity

.If the government gives an individual immunity, then that individual may be compelled to testify.^ Using the Bill of Rights to deny rights sets a bad precedent, if any amendment may be used to give power to the government, then all the amendments may be used as such.
  • The Fifth Amendment is used to justify Eminent Domain - Liberty Forest 17 January 2010 4:50 UTC www.ronpaulforums.com [Source type: Original source]

^ A. The Individual Right Approach Under the individual right interpretation, the federal government may not completely prohibit individual gun ownership.
  • LIMITS ON THE POWER OF STATESTO REGULATE FIREARMS 17 January 2010 4:50 UTC w3.uchastings.edu [Source type: Original source]

^ A witness before a grand jury or congressional committee is compelled under the force of the Immunity Act to testify.

.Immunity may be "transactional immunity" or "use immunity"; in the former, the witness is immune from prosecution for offenses related to the testimony; in the latter, the witness may be prosecuted, but his testimony may not be used against him.^ Congressional investigations have led to a great many court decisions concerning the right of a witness before a Congressional committee to refuse to testify even when granted immunity from prosecution.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: Original source]

^ Jeopardy may have already attached and terminated in a prior criminal proceeding, but the state may bring further criminal action against a person so long as it is not for the same offense.
  • Fifth Amendment: Encyclopedia of Everyday Law 17 January 2010 4:50 UTC www.enotes.com [Source type: Original source]

^ This may either be total immunity from prosecution or civil liability, or it can be "use immunity" that extends only to evidence in the testimony.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

In Kastigar v. .United States, 406 U.S. 441 (1972), the Supreme Court held that the government need only grant use immunity to compel testimony.^ United States and U.S.” means federal government.
  • Kennedy: Constitution open to interpretation 17 January 2010 4:50 UTC www.prisonplanet.com [Source type: Original source]

^ Use the author entry, United States.
  • United States Constitution Research Guide 17 January 2010 4:50 UTC www.lib.jmu.edu [Source type: Academic]

^ Wade is ever overturned by the United States Supreme Court .
  • Arkansas Constitution - Ballotpedia 17 January 2010 4:50 UTC ballotpedia.org [Source type: Original source]

.The use immunity, however, must extend not only to the testimony made by the witness, but also to all evidence derived therefrom.^ This may either be total immunity from prosecution or civil liability, or it can be "use immunity" that extends only to evidence in the testimony.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Immunity from the use of compelled testimony and evidence derived directly and indirectly therefrom affords this protection.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ Because use immunity is limited, a witness granted use immunity for grand jury testimony may validly invoke his Fifth Amendment privilege in a civil deposition proceeding when asked whether he had "so testified" previously, the deposition testimony not being covered by the earlier immunity.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

This scenario most commonly arises in cases related to organized crime.

Record keeping

.A statutorily required record-keeping system may go too far such that it implicates a record-keeper's right against self-incrimination.^ The privilege against self-incrimination is such a provision.
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ He wanted me to write another article bringing my old one up to date in which I should show that the 5 th Amendment privilege against self-incrimination relates to any proceeding and particularly to such as he mentioned.
  • How the 5th Amendment was Subverted to Protect Treason 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ A. Fifth Amendment of the U.S. Constitution The Fifth Amendment privilege against self-incrimination was used to invalidate a portion of the National Firearms Act of 1934.
  • LIMITS ON THE POWER OF STATESTO REGULATE FIREARMS 17 January 2010 4:50 UTC w3.uchastings.edu [Source type: Original source]

A three part test laid out by Albertson v. .Subversive Activities Control Board, 382 U.S. 70 (1965) is used to determine this: 1. the law targets a highly selective group inherently suspect of criminal activities; 2. the activities sought to be regulated are already permeated with criminal statutes as opposed to essentially being non-criminal and largely regulatory; and 3. the disclosure compelled creates a likelihood of prosecution and is used against the record-keeper.^ Only the courts may determine whether one has violated a criminal statute.
  • U.S. Senate: Reference Home > Constitution of the United States 17 January 2010 4:50 UTC www.senate.gov [Source type: Original source]

^ Using a formal model of religious competition, I show how economic growth produces counteracting effects on religious activity in an open religious market, and that it has little effect in a religious market that is already secularized due to regulations that prohibit religious competition or in a highly religious market with regulations that inhibit secular activities.

^ What few Federal Courts that addressed the ratification question went on record stating that as the Federal Judiciary and the U.S. Congress have used the U.S. Constitution, 14 th Amendment for so many years, the use of the ( pretended ) Amendment validates the Amendment as being legitimate ( an absurdity in law ).
  • U.S. Constitution 14th Amendment - Introduction 17 January 2010 4:50 UTC www.14th-amendment.com [Source type: Original source]

In Albertson v. Subversive Activities Control Board, 382 U.S. 70 (1965), the Supreme Court struck down an order by the Subversive Activities Control Board requiring members of the Communist Party to register with the government and upheld an assertion of the privilege against self-incrimination, on the grounds that statute under which the order had been issued was "directed at a highly selective group inherently suspect of criminal activities."
In Leary v. .United States, 395 U.S. 6 (1969) the court struck down the Marijuana Tax Act because its record keeping statute required self-incrimination.^ The statute struck down was ch.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ The gambling tax reporting scheme was next struck down by the Court.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ After the Civil War , Poll taxes (taxes to be paid for the right to vote) had been enacted in eleven Southern states as a measure to prevent poor black people from voting, and had been held to be unconstitutional by the United States Supreme Court.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

In Haynes v. .United States, 390 U.S. 85 (1968) the Supreme Court ruled that, since convicted felons are prohibited from owning firearms, requiring felons to register any firearms they owned constituted a form of self-incrimination and was therefore unconstitutional.^ This rule has been applied to state courts since the 1961 decision in Mapp v.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ T o constitute Tribunals inferior to the supreme Court; .
  • THE UNITED STATES CONSTITUTION - We the People 17 January 2010 4:50 UTC constitutionus.com [Source type: Original source]

^ Since then the Supreme Court has held that any form of government-sanctioned racial segregation is unconstitutional.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 17 January 2010 4:50 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 17 January 2010 4:50 UTC www.america.gov [Source type: Original source]
  • THE CONSTITUTION OF THE UNITED STATES OF AMERICA With Explanatory Notes 17 January 2010 4:50 UTC www.4uth.gov.ua [Source type: Original source]

Other

.Corporations may also be compelled to maintain and turn over records; the supreme court has held that the fifth amendment protections against self-incrimination extend only to "natural persons."^ After the Civil War, the supreme court interpreted the meaning of persons as corporations.

^ As stated in the Fifth Amendment: "No person .
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

^ Fifth and Sixth Amendments, extends its reach only to "the people."
  • Sources on the Second Amendment and Rights to Keep and BearArms in State Constitutions 17 January 2010 4:50 UTC www.law.ucla.edu [Source type: Original source]

.There are, however, a few restraints on the government; it may not, for instance, compel a person to keep records for a corporation if those records could be used against the record-keeper himself.^ No person shall 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 shall private property be taken for public use, without just compensation.
  • Resequenced United States Constitution at MROB 17 January 2010 4:50 UTC www.mrob.com [Source type: Original source]

^ Padover, editor) "The few cases wherein these things (proposed Bill of Rights) may do evil, cannot be weighed against the multitude where the want of them will do evil...I hope therefore a bill of rights will be formed to guard the people against the federal government..."
  • Gainesville Target Range - The Second Amendment to the Constitution of the United States 17 January 2010 4:50 UTC www.gainesvilletargetrange.com [Source type: Original source]

^ Monk explains: "The defendant is presumed to be innocent until proven guilty, and the state may not demand that the accused testify against himself.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

.As a condition of employment, workers may be required to answer their employer's narrowly defined questions regarding conduct on the job.^ Implicit in this language is the fact that the Second Amendment guarantees an individual right, albeit a right that may not be enjoyed by some narrowly defined class of untrustworthy persons.
  • NRA-ILA :: Federal Court Cases Regarding The Second Amendment 17 January 2010 4:50 UTC www.nraila.org [Source type: Original source]

^ The privilege is waived to the extent questions on direct examination are answered, though when a party is called as on cross the extent of the waiver is more narrowly defined.
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

^ Or you might ask them, in response to every question they ask, whether you are required to answer the question.
  • Southern Messenger � Bill of Rights, Constitution of the United States, & the Civil War History 17 January 2010 4:50 UTC www.southernmessenger.org [Source type: Original source]

.If an employee invokes the Garrity rule (sometimes called the Garrity Warning or Garrity Rights) before answering the questions, then the answers cannot be used in criminal prosecution of the employee.^ Arizona ruling, decided that all defendants must be warned of their rights before questioning.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Congressional investigations have led to a great many court decisions concerning the right of a witness before a Congressional committee to refuse to testify even when granted immunity from prosecution.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: Original source]

^ When a potential defendant is called to testify before a grand jury, Miranda type warnings must be given.
  • FIFTH AMENDMENT 17 January 2010 4:50 UTC opd.ohio.gov [Source type: Original source]

[citation needed] This principle was developed in Garrity v. .New Jersey, 385 US 493 (1967).^ New Jersey, 385 U.S. 493 (1967), but this case and dicta in others is unreconciled with the cases that find that one may "waive" though inadvertently the privilege and be required to testify and incriminate oneself.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

^ New Jersey, 385 U.S. 493 (1967), recognizing the propriety of compelling testimony with a use restriction attached.
  • US Constitution Annotated - The Power To Compel Testimony and Disclosure 17 January 2010 4:50 UTC supreme.justia.com [Source type: Original source]

.The rule is most commonly applied to public employees such as police officers.^ [A]n officer or employee of a corporation, or a member or employee of a partnership, who, as such officer, employee or member, is under a duty to perform the act in respect of which the violation occurs.

^ Men such as George Dallas, Levi Morton, and Garret Hobart studied the Senate's rules and precedents and presided most effectively.
  • U.S. Senate: Art & History Home > People > Officers & Staff > Vice President of the United States (President of the Senate) 17 January 2010 4:50 UTC www.senate.gov [Source type: Original source]

In United States v. .Boucher, 2007 WL 4246473, the United States District Court for the District of Vermont ruled that the fifth amendment protects a defendant from having to reveal an encryption passphrase, or even the existence of one.^ Constitutional amendments -- United States .

^ United States" and therefore is not protected by the Fourteenth Amendment.
  • Second Amendment to the United States Constitution at AllExperts 17 January 2010 4:50 UTC en.allexperts.com [Source type: Original source]

^ As stated in the Fifth Amendment: "No person .
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

.In February 2009, Boucher was convicted based on separate evidence that did not depend on use of the passphrase.^ Valuck challenges the sufficiency of the evidence used to convict him of money laundering under 18 U.S.C. § 1956.
  • United States v. Valuck, 286 F.3d 221 (5th Cir. 03/14/2002) 17 January 2010 4:50 UTC www.quatloos.com [Source type: Original source]

[7]
In Boyd v. United States 116 US 616 (1886) the US Supreme Court stated that "It is equivalent to a compulsory production of papers to make the nonproduction of them a confession of the allegations which it is pretended they will prove".

Due process

.The fifth amendment prevents individuals from being deprived of life, liberty, or property without "due process of law."^ AMENDMENT V. Provisions concerning prosecution and due process of law.
  • Constitution of the United States 17 January 2010 4:50 UTC www.history.com [Source type: Original source]

^ Amendment XIV states in part, "...nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisidiction the equal protection of the law."
  • Victoria Advocate | Cheney is 'true patriot' 17 January 2010 4:50 UTC www.victoriaadvocate.com [Source type: Original source]

^ But the 14th Amendment declares that no state can deprive any person of life, liberty, or property without "due process of law."
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 17 January 2010 4:50 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 17 January 2010 4:50 UTC www.america.gov [Source type: Original source]
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

.Due process extends to all persons and corporate entities.^ Those in favor of what is termed fixed due process claim that all the safeguards applied against the federal government should be also applied against the states through the Fourteenth Amendment.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: Original source]

^ Perhaps the state got a little carried away with the whole "person" thing - granting corporations a "constitutional right" to anything at all is stupid.
  • We in the US badly need a new amendment to our constitution. We need a separation between corporation and state. : politics 17 January 2010 4:50 UTC www.reddit.com [Source type: Original source]

^ The statement that no person shall be deprived of life, liberty, or property "without due process of law" expresses one of the most important rules of the Constitution.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

.The Fourteenth Amendment explicitly binds the states with due process protections, through selective incorporation.^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ This amendment regards citizenship, state due process and state equal protection.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

^ United States" and therefore is not protected by the Fourteenth Amendment.
  • Second Amendment to the United States Constitution at AllExperts 17 January 2010 4:50 UTC en.allexperts.com [Source type: Original source]

.Fifth Amendment due process protection has not always been granted to corporations, but was first applied to corporations in 1893 by the Supreme Court in Noble v.^ Due process is a vague rule, and the Supreme Court has applied it to widely different cases.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ This amendment regards citizenship, state due process and state equal protection.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

^ Board of Education , decided by the United States Supreme Court on April 9, 1956, in which, reversing the New York courts, it was held that it was a violation of the due process clause of the Fourteenth Amendment for a New York City public institution of higher learning to discharge a professor pursuant to an express provision of the New York City Charter for having invoked the Fifth Amendment before a congressional committee.
  • The Fifth Amendment: Yesterday, Today, and Tomorrow 17 January 2010 4:50 UTC rcarterpittman.org [Source type: Original source]

Union River Logging
147 U.S. 165. This was not long after the Supreme Court first granted 14th Amendment protection to corporations in Santa Clara County v. Southern Pacific Railroad in 1886.
The fifth amendment applies to the federal government (see Barron v. .Baltimore), and the Fourteenth Amendment, by its own terms, applies against the States.^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Those in favor of what is termed fixed due process claim that all the safeguards applied against the federal government should be also applied against the states through the Fourteenth Amendment.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: Original source]

^ The 17th Amendment changed this rule by allowing the voters of each state to choose their own senators.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

.While the fifth amendment includes a due process clause, it does not include—as the fourteenth amendment does—an equal protection clause.^ This amendment regards citizenship, state due process and state equal protection.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

^ This decision was, however, based on the equal protection clause of the Fourteenth Amendment.
  • Constitution of the United States Facts, information, pictures | Encyclopedia.com articles about Constitution of the United States 17 January 2010 4:50 UTC www.encyclopedia.com [Source type: Original source]

^ It ruled that poll taxes violated the Equal Protection Clause of the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

However, in Bolling v. .Sharpe 347 U.S. 497 (1954), the Supreme Court averred that it was absurd that the Constitution could deny the states the power to abridge equal protection of the laws, yet permit that power to the Congress.^ T o constitute Tribunals inferior to the supreme Court; .
  • THE UNITED STATES CONSTITUTION - We the People 17 January 2010 4:50 UTC constitutionus.com [Source type: Original source]

^ Emerson's appeal appeal to the Supreme Court was denied.
  • United States v. Timothy Emerson, Potowmack Institute, amicus curiae, Second Amendment 17 January 2010 4:50 UTC www.potowmack.org [Source type: Original source]

^ To constitute tribunals inferior to the supreme court; .
  • Constitution of the United States 17 January 2010 4:50 UTC www.nhinet.org [Source type: Original source]

."[T]he concepts of equal protection and due process, both stemming from our American ideal of fairness, are not mutually exclusive," reasoned Chief Justice Earl Warren.^ This amendment regards citizenship, state due process and state equal protection.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

^ The concept of substantive due process has been used to protect both property and liberty interests.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Amendment XIV states in part, "...nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisidiction the equal protection of the law."
  • Victoria Advocate | Cheney is 'true patriot' 17 January 2010 4:50 UTC www.victoriaadvocate.com [Source type: Original source]

.The Court thus interpreted the fifth amendment's due process clause to include an equal protection element but has continued to hold that there is a difference between due process and equal protection in its fourteenth amendment jurisprudence.^ Citizenship; privileges and immunities; due process; equal protection.
  • CONSTITUTION OF THE UNITED STATES 17 January 2010 4:50 UTC www.endtimesreport.com [Source type: Original source]

^ This amendment regards citizenship, state due process and state equal protection.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

^ It ruled that poll taxes violated the Equal Protection Clause of the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

Eminent domain

.The Supreme Court has held that the federal government and each state has the power of eminent domain—the power to take private property for "public use". The Takings Clause, the last clause of the Fifth Amendment, limits the power of eminent domain by requiring that "just compensation" be paid if private property is taken for public use.^ The Just Compensation Clause covers eminent domain takings.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Dual-power is the sharing of power between the federal government and the state government.” .
  • Washington is Selling Servitude | Tenth Amendment Center Blog 17 January 2010 4:50 UTC blog.tenthamendmentcenter.com [Source type: Original source]

^ This Amendment has been repeatedly ignored by the Federal government.
  • The Constitution of the United States - The Petition Site 17 January 2010 4:50 UTC www.thepetitionsite.com [Source type: Original source]

.The just compensation provision of the Fifth Amendment did not originally apply directly to the states, but the federal courts now hold that the Fourteenth Amendment extended the effects of that provision to the states.^ Federal and state judges apply the Constitution in many court cases.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ This Amendment has been applied to the states by incorporation in the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ The amendment applies only to federal courts.
  • U.S. GOVERNMENT > Introduction to the U.S. System > About America: The Constitution of the United States of America with Explanatory Notes 17 January 2010 4:50 UTC infousa.state.gov [Source type: Original source]
  • Amendments to the U.S. Constitution, Annotated 17 January 2010 4:50 UTC www.america.gov [Source type: Original source]

.The federal courts, however, have shown much deference to the determinations of Congress, and even more so to the determinations of the state legislatures, what constitutes "public use". The property need not actually be used by the public; rather, it must be used or disposed of in such a manner as to benefit the public welfare or public interest.^ However, when allowed as determined by federal or state law, it must not be excessive.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

^ Federal and state judges apply the Constitution in many court cases.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ With the Federal Courts declaring that an Amendment to the U.S. Constitution will no longer be determined by the Courts to have been adopted in accordance to the U.S. Constitution as required by the Act of Congress of April 20 th , 1818 and by 1 USC 106b , the people of the United States of America are now left without recourse.
  • U.S. Constitution 14th Amendment - Introduction 17 January 2010 4:50 UTC www.14th-amendment.com [Source type: Original source]

.One exception that restrains the federal government is that the property must be used in exercise of a government's enumerated powers.^ Section 8 begins the enumerated powers of the federal government delegated to Congress.
  • U.S. Senate: Reference Home > Constitution of the United States 17 January 2010 4:50 UTC www.senate.gov [Source type: Original source]

^ Section 4 - Republican government [ Section 4 ensures a republican form of government (one where the state derives its power from the people) and guarantees that the federal government will protect the states against invasion and insurrection.
  • The Constitution of the United States  Preamble 17 January 2010 4:50 UTC faculty.winthrop.edu [Source type: Original source]

^ The federal government can provide healthcare - I’m just saying that in order to do so it must act within the confines of the responsibilities the Constitution dictates.
  • Current Word » Healthcare and The Constitution 17 January 2010 4:50 UTC www.mathies.com [Source type: Original source]

.The owner of the property that is taken by the government must be justly compensated.^ Private property not to be taken without compensation.
  • Constitution of the United States 17 January 2010 4:50 UTC www.history.com [Source type: Original source]

^ Its use was limited by the Fifth Amendment to the U.S. Constitution in 1791, which reads, "...nor shall private property be taken for public use, without just compensation".
  • FARK.com: (3829729) Ron Paul's wife to be discharged from hospital. Paul objects on grounds that nowhere in the Constitution is hospital release addressed 17 January 2010 4:50 UTC www.fark.com [Source type: Original source]

^ Fifth amendment: "nor shall private property be taken for public use, without just compensation" seems to allude to that power at least.
  • FARK.com: (3829729) Ron Paul's wife to be discharged from hospital. Paul objects on grounds that nowhere in the Constitution is hospital release addressed 17 January 2010 4:50 UTC www.fark.com [Source type: Original source]

.When determining the amount that must be paid, the government does not need to take into account any speculative schemes that the owner claims the property was intended for use in.^ All I know is that it is constitutional for every citizen to have a life that is as healthy as possible and yes, we can take it out of our taxes, we must pay for it, but it needs to be equitable.
  • Current Word » Healthcare and The Constitution 17 January 2010 4:50 UTC www.mathies.com [Source type: Original source]

^ It also contains due process guarantees and mandates that fair compensation be paid to citizens for government takings.
  • The Constitution of the United States  Preamble 17 January 2010 4:50 UTC faculty.winthrop.edu [Source type: Original source]

^ As Patrick Henry concluded, ''If there be a real check intended to be left on Congress, it must be left in the State Governments.''
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 17 January 2010 4:50 UTC commdocs.house.gov [Source type: Original source]

.Normally, the fair market value of the property determines "just compensation". If the property is taken before the payment is made, interest accrues (though the courts have refrained from using the term "interest").^ Private property not to be taken without compensation.
  • Constitution of the United States 17 January 2010 4:50 UTC www.history.com [Source type: Original source]

^ Private property may be taken for public use upon just compensation therefor.
  • THE UNITED STATES CONSTITUTION 17 January 2010 4:50 UTC people.brandeis.edu [Source type: Original source]

^ "Just compensation" is fair market value.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

.The federal courts have not restrained state and local governments from seizing privately owned land for private commercial development on behalf of private developers.^ This is an issue for states to resolve, not the federal government.
  • Current Word » Healthcare and The Constitution 17 January 2010 4:50 UTC www.mathies.com [Source type: Original source]

^ Yet, the means will be there, and that alone will change the relationship between the States and the federal Government.
  • Proposing an Amendment to the Constitution of the United States to Provide a Procedure by Which the States May Propose Constitutional Amendments 17 January 2010 4:50 UTC commdocs.house.gov [Source type: Original source]

^ However, individuals can still bring actions against state authorities in federal court to prevent these authorities from depriving them of their Constitutional rights.
  • Amendments to the U.S. Constitution, Annotated 17 January 2010 4:50 UTC www.america.gov [Source type: Original source]

This was upheld on June 23, 2005, when the Supreme Court issued its opinion in Kelo v. City of New London. This 5–4 decision remains controversial. .The majority opinion, by Justice Stevens, found that it was appropriate to defer to the city's decision that the development plan had a public purpose, saying that "the city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue."^ Private property is taken for public use in opening streets in cities, in constructing railways and canals, in erecting public buildings, in laying out public parks, and for kindred purposes.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 17 January 2010 4:50 UTC www.barefootsworld.net [Source type: Original source]

^ In 1865, Congressman Thaddeus Stevens of Pennsylvania expressed the opinion that recently deceased Chief Justice Taney was damned .
  • U.S. Constitution 14th Amendment - Introduction 17 January 2010 4:50 UTC www.14th-amendment.com [Source type: Original source]

^ The 55 delegates who drafted the Constitution included most of the outstanding leaders, or Founding Fathers, of the new nation.
  • United States Government - The Constitution 17 January 2010 4:50 UTC countrystudies.us [Source type: Original source]

Justice Kennedy's concurring opinion observed that in this particular case the development plan was not "of primary benefit to . . . the developer" and that if that was the case the plan might have been impermissible. .In the dissent, Justice Sandra Day O'Connor argued that this decision would allow the rich to benefit at the expense of the poor, asserting that "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random.^ Private property not to be taken without compensation.
  • Constitution of the United States 17 January 2010 4:50 UTC www.history.com [Source type: Original source]

^ Private property is taken for public use in opening streets in cities, in constructing railways and canals, in erecting public buildings, in laying out public parks, and for kindred purposes.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 17 January 2010 4:50 UTC www.barefootsworld.net [Source type: Original source]

^ Contests over government benefits (and other administrative agency decisions that impact private interests) must meet basic due process requirements.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

.The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."^ A federal citizen is a taxable entity like a corporation, and is subject to pay an excise tax for the privileges that Congress has granted him/her.

^ The problem is not that corporations exist, because there will always be powerful entities in politics.
  • We in the US badly need a new amendment to our constitution. We need a separation between corporation and state. : politics 17 January 2010 4:50 UTC www.reddit.com [Source type: Original source]

^ Whether you call them corporations, lobbyists or uncle Joe in his pickup truck, there will always be people trying to influence powerful people.
  • We in the US badly need a new amendment to our constitution. We need a separation between corporation and state. : politics 17 January 2010 4:50 UTC www.reddit.com [Source type: Original source]

.She argued that the decision eliminates "any distinction between private and public use of property—and thereby effectively delete[s] the words 'for public use' from the Takings Clause of the Fifth Amendment". A number of states, in response to Kelo, have passed laws and/or state constitutional amendments which make it more difficult for state governments to seize private land.^ But the clause in this Amendment was designed to prevent a State from making discriminations between its own citizens.
  • The Constitution For The United States, Its Sources and Its Applications - Amendment Articles XI - XXVII 17 January 2010 4:50 UTC www.barefootsworld.net [Source type: Original source]

^ Imagine the financial clout that it takes to have a Constitutional Amendment passed.
  • Nelson Rockefeller's Presidential Power Grab Revealed at Last!! 17 January 2010 4:50 UTC www.reformation.org [Source type: Original source]

^ This amendment was actually suggested by a number of states.
  • Wikijunior:United States Charters of Freedom/Additional amendments to the United States Constitution - Wikibooks, collection of open-content textbooks 17 January 2010 4:50 UTC en.wikibooks.org [Source type: Original source]

.Takings that are not "for public use" are not directly covered by the doctrine,[8] however such a taking might violate due process rights under the Fourteenth amendment, or other applicable law.^ AMENDMENT V. Provisions concerning prosecution and due process of law.
  • Constitution of the United States 17 January 2010 4:50 UTC www.history.com [Source type: Original source]

^ I have the right under the First Amendment to do so.
  • Victoria Advocate | Cheney is 'true patriot' 17 January 2010 4:50 UTC www.victoriaadvocate.com [Source type: Original source]

^ Voting is not an automatic right of citizenship under the Fourteenth Amendment.
  • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

.The exercise of the police power of the state resulting in a taking of private property was long held to be an exception to the requirement of government paying just compensation.^ States prohibited from the exercise of certain powers.
  • The Constitution of the United States 17 January 2010 4:50 UTC www.worldquest.com [Source type: Original source]

^ Private property not to be taken without compensation.
  • Constitution of the United States 17 January 2010 4:50 UTC www.history.com [Source type: Original source]

^ Section 4 - Republican government [ Section 4 ensures a republican form of government (one where the state derives its power from the people) and guarantees that the federal government will protect the states against invasion and insurrection.
  • The Constitution of the United States  Preamble 17 January 2010 4:50 UTC faculty.winthrop.edu [Source type: Original source]

.However the growing trend under the various state constitution's taking clauses is to compensate innocent third parties whose property was destroyed or "taken" as a result of police action.^ Print "State and party actions" subsection The Constitution The text of the Constitution follows.
  • Constitution of the United States | Article | World Book Student 17 January 2010 4:50 UTC photo.pds.org:5005 [Source type: Original source]

^ Private property not to be taken without compensation.
  • Constitution of the United States 17 January 2010 4:50 UTC www.history.com [Source type: Original source]

^ It was under these inauspicious circumstances that the Constitution of the United States was drawn up.
  • United States Government - The Constitution 17 January 2010 4:50 UTC countrystudies.us [Source type: Original source]

[9]

See also

  • Fifth Amendment with Annotations

References

  1. ^ Cornell University Law School. "Bill of Rights from Cornell University Law School". http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv. Retrieved 2007-12-16. 
  2. ^ Solario v. United States, 483 U.S. 435 (1987)
  3. ^ Counselman v. Hitchcock, 142 U.S. 547 (1892).
  4. ^ Amar, Akhil Reed (1998). The Bill of Rights. New Haven: Yale University Press. pp. 84. ISBN 0300082770. 
  5. ^ Amar, Akhil Reed (2005). America's Constitution. New York: Random House. pp. 329. ISBN 1400062624. 
  6. ^ a b Greaves, Richard L. (1981). "Legal Problems". Society and religion in Elizabethan England. Minneapolis, Minnesota: University of Minnesota Press. pp. 649,681. ISBN 0816610304. OCLC 7278140. http://books.google.com/books?id=ULHy6AZPd_wC&pg=PA649. Retrieved 19 July 2009. "This situation worsened in the 1580s and 1590s when the machinery of ... the High Commission, was turned against Puritans ... in which a key weapon was the oath ex officio mero, with its capacity for self incrimination ... Refusal to take this oath usually was regarded as proof of guilt." 
  7. ^ Sessions, William K. (2009-02-19). "In re Grand Jury Subpoena to Sebastien Boucher: Memorandum of Decision". http://volokh.com/files/BoucherDCT.1.pdf. Retrieved August 28, 2009. 
  8. ^ See Berman v. Parker.
  9. ^ Wegner v.Milwaukee Mutual, City of Minneapolis 479 N.W.2d 38 (Minn. 1991) and Steele v. City of Houston 603 S.W.2d 786 (1980)

Further reading

.
  • Amar, Akhil Reed; Lettow, Renée B. (1995).^ Amar, Akhil Reed.

    ^ Framer James Wilson, however, endorsed popular amendment, and the topic is examined at some length in Akhil Reed Amar's book, The Constitution: A Biography .
    • AMENDMENTS To The U.S. Constitution FOR DUMMIES: Presidential Succession, Women's Suffrage, Equal Protection, Due Process, Just Compensation, Income Tax, Abolition Of Slavery. E-Z-READ! - RI10 [tabacco.blog-city.com] 17 January 2010 4:50 UTC tabacco.blog-city.com [Source type: Original source]

    ^ Bill of Rights : creation and reconstruction / Akhil Reed Amar.

    "Fifth Amendment First Principles: The Self-Incrimination Clause". Michigan Law Review 93 (5): 857–928. doi:10.2307/1289986. 

External links


Citable sentences

Up to date as of December 21, 2010

Here are sentences from other pages on Fifth Amendment to the United States Constitution, which are similar to those in the above article.








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