“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” Benjamin Franklin “The Constitution is not a suicide pact.” Supreme Court Justice Robert Jackson “If the government will not protect constitutional rights designed to preserve our freedom, it is up to the people to reclaim them.” Wisconsin […]
The CNN Lawsuit Over Jim Acosta’s Press Pass
November 14, 2018 by
The press pass privileges of CNN’s Jim Acosta were revoked following an encounter with a White House intern during a presidential press conference. The intern had attempted to take away a microphone from Acosta when the President had recognized another reporter for a question. Acosta resisted the intern’s efforts. There is video of the event […]
The 225th Anniversary of the Bill of Rights, Part II
December 14, 2016 by
When reflecting on the first ten amendments to the American Constitution, or the Bill of Rights, focus is often on the great freedoms of religion, speech, press and the right to bear arms. The Bill of Rights became 225 years old on December 15, 2016. With that in mind, it is worth a moment to […]
The Fifth Amendment’s Due Process Clause, Descendant of the Magna Carta
April 30, 2015 by
“No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.” Magna Carta, Chapter 39, June 15, 1215 June 15, 2015 marks the 800th Anniversary […]
The Fifth Amendment Guarantee Against Double Jeopardy
March 25, 2014 by
The US Constitution‘s Fifth Amendment requires government procedures to protect the natural, inalienable rights of life, liberty and the pursuit of happiness recognized in the Declaration of Independence. Among these protections is a limit on multiple prosecutions based upon the same alleged conduct. This limitation is commonly referred to as a protection from “double jeopardy”. The Double […]
The Fifth Amendment’s Grand Jury: A Proud & Lost Protection of Liberty
March 21, 2014 by
The Fifth Amendment of the Bill of Rights mandates government procedures to protect the natural, inalienable rights of life, liberty and the pursuit of happiness recognized in the Declaration of Independence. The amendment contains five protections for these natural rights. The Fifth Amendment’s first protection requires the federal government to use a grand jury to […]
The Fifth Amendment: Procedural Protections for Natural Rights
March 17, 2014 by
The First United States Congress proposed 12 amendments to the Constitution in 1789. The states ratified ten of the proposed amendments: The Bill of Rights. The Fifth Amendment contains five procedural rights. If the government seeks to take someone’s life, liberty or property it must follow the Fifth Amendment’s rules. The Fifth Amendment “No person […]
Trayvon Martin, George Zimmerman and the Founders’ Faith in Grand Juries
July 18, 2013 by
“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution…” Thomas Jefferson The death of Trayvon Martin during an altercation with George Zimmerman prompted calls for a national discussion about race relations that went all the way to […]
Boston Marathon Bomber, Miranda Warnings and the Public Safety Exception
April 21, 2013 by
Law enforcement’s goal of taking Boston Marathon Bombing Suspect #2, [1] Dzhokhar Tsarnaev, alive was commendably achieved. A principle reason for this goal was to question Tsarnaev about further potential dangers to the public. The FBI has announced its intent to question him “extensively” prior to reading him Miranda warnings, relying upon the “public safety” exception […]
The “Prime Time” Republican Primary Debate and the Constitution
Both President Obama and the Supreme Court have been described as “lawless” in respect to the Constitution. That description addresses actions perceived to be outside the authority granted to them by the Constitution. With such criticisms, what might Americans have to look forward to in respect to the constitutional rule of law in a new […]