dimanche 14 octobre 2018

Does the Fifth Amendment mean anything?

Quote:

Originally Posted by 5th Amendment
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.

These words sound simple enough and should protect citizens against overzealous officials. Unfortunately, the Supreme Court has interpreted this amendment out of existence.

It is well known that police can simply steal your property without any process whatsoever. They don't even have to accuse the owner of any wrongdoing (it is the property that is suspected of being involved in a crime, you see, and property has no constitutional rights).

The right not to be a witness against yourself is equally meaningless. The Supreme Court has actually amended the 5th Amendment to say that it is a right against "self incrimination". Therefore, anybody granted "use immunity" can be forced to be a witness against themselves.

More recently, I discovered that the right against double jeopardy is equally meaningless. In 1922 the Supreme court ruled that the Federal Government and each of the States can all independently try and convict a person of the same crime and each impose their own penalties. They called this the "Separate Sovereign Exception" (so much for the argument that states aren't "sovereign"). This latest travesty is now being challenged in Gamble v. US.

Clearly, SCOTUS judges don't read and apply the constitution. Instead, they decide which outcome they want ideologically and then find a rationalization for it. Why do Americans tolerate such an abuse of power?


via International Skeptics Forum https://ift.tt/2OmFBqZ

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