The Constitution of the United States: Amendment 5 (Fifth Amendment – Trial and Punishment, Compensation for Takings)

The Constitution of the United States: Amendment 5 (Amendments 1-10 are known as the Bill Of Rights) (5th Amendment)

Amendment V. (Trial and Punishment, Compensation for Takings)

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.

 
 



Policing for Profit – The Abuse of Civil Asset Forfeiture

 
 



Rand Paul – Civil Asset Forfeiture

 
 



“You Have the Right to Remain Innocent” (James Duane)

 
 



Don’t Talk to Cops, Part 2

 
 


5th Amendment (pt.1) – Michael Badnarik Bill of Rights Class

 
 


5th Amendment (pt.2) – Michael Badnarik Bill of Rights Class

 
 

The Ninth Circuit’s rejection of Angel’s constitutional claim [Angel Raich in Gonzales v. Raich, 545 U.S. 1, 5 (2005)] shines a spotlight on a serious problem with the Supreme Court’s current approach to protecting liberty under the Due Process Clauses of the Fifth and Fourteenth Amendments. Ever since the New Deal, the Supreme Court has limited the protection afforded by the Due Process Clauses to what it calls “fundamental rights.” Unless the Court characterizes the liberty as “fundamental,” it will not evaluate or “scrutinize” the government’s claim that its restrictions on the liberty are truly necessary. With laws restricting mere “liberty interests” not deemed fundamental, the Court will blindly accept the government’s claim that its restriction is “reasonable.”

In short, a claimant challenging a statute needs a ticket into “Scrutiny Land” where the government must justify its restrictions on liberty. To get that ticket, a claimant must jump through the hoop of showing her liberty is fundamental. Otherwise, she automatically loses.

Scrutiny Land,” by Randy E. Barnett, 106 Mich. L. Rev. 1479-1500 (2008) (23-page PDFPDF)

 
 


Watch California Cops Steal Every Penny from an Innocent Family

 
 

More

 
 



Rep. Justin Amash – Floor speech on Smith-Amash Amendment/National Defense Authorization Act (NDAA)

 
 

 
 

Pocket Constitution from TheCapitol.Net
A free download of our Pocket Constitution is available on Scribd.

Our Pocket Constitution: details on our web site.

 
 


Origins of the Fifth Amendment: The Right Against Self-Incrimination

Origins of the Fifth Amendment: The Right Against Self-Incrimination


Is There a Right to Remain Silent? Coercive Interrogation and the Fifth Amendment After 9/11

Is There a Right to Remain Silent? Coercive Interrogation and the Fifth Amendment After 9/11


The Safeguard of Liberty and Property: The Supreme Court, Kelo v. New London, and the Takings Clause

The Safeguard of Liberty and Property: The Supreme Court, Kelo v. New London, and the Takings Clause


Bulldozed: 'Kelo,' Eminent Domain and the American Lust for Land

Bulldozed: ‘Kelo,’ Eminent Domain and the American Lust for Land


Little Pink House: A True Story of Defiance and Courage

Little Pink House: A True Story of Defiance and Courage


The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain

The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain


Cornerstone of Liberty: Property Rights in 21st Century America

Cornerstone of Liberty: Property Rights in 21st Century America


Double Jeopardy (DVD)

Double Jeopardy (DVD)


Never Get Busted Again 1: Traffic Stops (DVD)

Never Get Busted Again 1: Traffic Stops (DVD)


Criminal Law Handbook, The: Know Your Rights, Survive the System

Criminal Law Handbook, The: Know Your Rights, Survive the System


Arrest-Proof Yourself

Arrest-Proof Yourself


You Have the Right to Remain Innocent

You Have the Right to Remain Innocent


Making Sense Of Search And Seizure Law: A Fourth Amendment Handbook

Making Sense Of Search And Seizure Law: A Fourth Amendment Handbook


The Fourth Amendment in an Age of Surveillance

The Fourth Amendment in an Age of Surveillance


Search & Seizure Survival Guide 2017: A Field Guide for Law Enforcement

Search & Seizure Survival Guide 2017: A Field Guide for Law Enforcement


Fourth Amendment Practice And Procedure

Fourth Amendment Practice And Procedure


Three Felonies A Day: How the Feds Target the Innocent

Three Felonies A Day: How the Feds Target the Innocent


The Collapse of American Criminal Justice

The Collapse of American Criminal Justice


The New Jim Crow: Mass Incarceration in the Age of Colorblindness

The New Jim Crow: Mass Incarceration in the Age of Colorblindness


The Tyranny of Good Intentions: How Prosecutors and Law Enforcement Are Trampling the Constitution in the Name of Justice

The Tyranny of Good Intentions: How Prosecutors and Law Enforcement Are Trampling the Constitution in the Name of Justice


The Bill of Rights: Creation and Reconstruction

The Bill of Rights: Creation and Reconstruction


How to Read the Constitution and the Declaration of Independence: A Simple Guide to Understanding the Constitution of the United States

How to Read the Constitution and the Declaration of Independence: A Simple Guide to Understanding the Constitution of the United States


The Citizen's Constitution: An Annotated Guide

The Citizen’s Constitution: An Annotated Guide


The Bill of Rights: Original Meaning and Current Understanding

The Bill of Rights: Original Meaning and Current Understanding


Origins of the Bill of Rights

Origins of the Bill of Rights


The Bill of Rights in Modern America: Revised and Expanded

The Bill of Rights in Modern America: Revised and Expanded


James Madison and the Struggle for the Bill of Rights

James Madison and the Struggle for the Bill of Rights


George Mason, Forgotten Founder

George Mason, Forgotten Founder

 
 






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