12.20.07
Promote the general welfare
I DID say work permitting…
Article V
No person shall be held to answer for any 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
What it means: Unless active duty military, a person needs to be indicted of a capital crime by a jury before they can be punished for it. Also, once cleared of the charges or convicted, the person may NOT be brought forth on those charges again. A person may not be forced to testify against themselves, and as for jail, there needs to be legal rules followed. Oh, and property may not be permanently seized for the greater good without the actual owner being paid a fair amount.
Today:Active duty personal are called to the military branch they work for, so that’s ok…they commit a crime, it’s the same as if they are brought before a federal court. Miranda rights protect the average citizen from self incrimination, although they can get sneaky…inform you of your rights, then putting you in a situation where you brag, confess, or otherwise give yourself away. If not done right, this is inadmissible. Double jeopardy is also out, except the courts get around this two ways. In the first way, they don’t use all the charges against a person they can. This leaves the door open for a new trial on similar charges if new evidence shows up. The other way is a lot more common…remember, the constitution is for the federal government, NOT the local or state government. This means that the federal government may try you on charges, THEN the state may, or vice versa. Remember the 10th amendment? That should have been a major clue. The reason most people don’t see a distinction between the federal, local, and state governments is that the state and local governments usually have their own constitutions BASED on the federal version.
Jail without charges is also pretty uncommon, although the fact finding bit may, due to extensions by both sides, extend for years. Still, on american soil with americans, charges need to be brought before someone can be held for a length of time. Non-americans, and those not on american soil, may find themselves…elsewhere.
Finally, there is eminent domain. This proviso was put in to prevent looting, search and seizure without proper requirements, and (in)voluntary bribes or donations. It’s used mainly to create easements, rights of way passages, roads, dams, reservoirs…mostly public works projects. However, it has gotten a little out of hand at local levels with property being seized and razed to put up, among other things, shopping malls. Payments for land and property is usually the fair market value, which often bears no relation to it’s actual worth.