Birthing of the Declaration of Independence: Part Five, Historical Precedents

The celebration of American Independence Day on the Fourth of July has come to include parades, barbecues and fireworks.  The celebrations should include discussions of how the Declaration of Independence came to be. The story began in Part One as The Committee of Five appointed to draft a declaration of independence had dwindled in reality to just Thomas Jefferson […]

The Resolution for American Independence: Part One

When Americans celebrate publication of the Declaration of Independence on the Fourth of July, there is seldom reflection upon the many dramas preceding that fateful day. This is the first of a three part series focused on Richard Henry Lee, who placed the question of independence before the Continental Congress in June, 1776. The story […]

The Fifth Amendment’s Due Process Clause, Descendant of the Magna Carta

 “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 […]

Sixth Amendment Right to Be Informed of Criminal Charges

It certainly seems obvious and fair that when the government charges someone with a crime that the person be told what law he has violated and what he did to violate that law.  That a government does not always conduct itself in a fair manner and that it needs to be reminded of the obvious […]

Sixth Amendment’s Public Trial: From Communal Duty to Accused’s Right

The Constitution’s Bill of Rights contains many procedural protections for those the government accuses of having committed a crime.  Among them is the Sixth Amendment right to a “public trial”.  The provision is stated: “In all criminal prosecutions, the accused shall enjoy the right to a… public trial” The concept of a public trial is ancient, but it did […]

Sixth Amendment’s Speedy Trial Right: Ancient, Worthy and Elusive

The Constitution’s Bill of Rights contains many protections for those the government accuses of having committed a crime.  Among them is the Sixth Amendment right to a “speedy trial”.  The provision is stated: “In all criminal prosecutions, the accused shall enjoy the right to a speedy … trial” The right may has old roots and […]