The Constitution’s 5th Amendment

The 5th Amendment is an old friend and a good friend. one of the great landmarks in men's struggle to be free of tyranny, to be decent and civilized. William O. Douglas BrainyQuotes

I have to tell you that Michael Badnarik is my hero.  With the deliberate dumbing down going on in this country, he is out to educate us and make us aware of our actual rights and privileges as Citizens.  This is NOT what our government wants to have happen.  If you know your rights and privileges as a Citizen, it is unlikely that the government can take advantage of you.  For that very reason it is imperative that ALL Citizens reacquaint themselves with exactly what an unalienable right is, what a privilege is , and how to tell the difference.

All those who belong to law enforcement should also learn what they can and cannot do.  Often law enforcement officers are taught to do things in the wrong way and we as Citizens, if we know no better, contribute to the problem.

First Continental Congress declares the rights and privileges of Citizens, Wikipedia Image

The 5th Amendment to our Constitution expressly forbids a person being compelled to testify against themselves.  We understand that part of the 5th Amendment. If you do not understand your rights as a Citizen you will help others violate them because they probably know no different than you do. Educating yourself and others is the only way to stop the abuses and excesses currently going on in congress and being enforced by law and those tasked with enforcing the laws. The 5th Amendment states:

U.S. Constitution: Fifth 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 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.

So what does all that mean? It seems to be straight forward, yet those in charge are trying to twist the concepts and legality of this amendment and steal its power away from us. Not knowing what it means will hurt YOU, not those in charge. In fact, it works to their advantage if you are a dumb bell and don’t know your rights.

So, let’s break this amendment down so all can understand its meanings and implications.  They are serious in the extreme.

Yes there's a lady that stands in a harbor for what we believe. And there's a bell that still echoes the price that it cost to be free. – Aaron Tippen, "Where The Stars And Stripes And Eagles Fly" Liberty Bell Quotes

The very first part of the 5th Amendment declares:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury

We all understand that we cannot be forced to testify against ourselves and that we have to be read our Miranda Rights. Is that it? No.

(By the way, nothing in the Constitution applies to illegal aliens.)

Let’s look as an example to make this clear.  Let’s say that someone has committed murder. The evidence proves it, the facts are supported, but the police cannot arrest the person UNTIL a Grand Jury has seen the evidence and handed down a decision granting the police the legal authority to arrest this person. It is obvious this was NOT the case for the Hutaree Clan. The judge in the Hutaree case has found that the police and FBI overstepped their authority, that the prosecutor had no case, and the whole matter has been dropped. But did you hear of this? Of course not!

Watch this short video:

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

Part 2:

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

These videos are not as in-depth as they are on other Michael Badnarik videos but they will give you a good introduction to the 5th Amendment.  The more in depth version, 1 of 43, can be seen HERE: Do a search for Micheal Badnarik Constitution classes.

Michael Badnarik, my personal Heroe. Wikipedia image

Moving on with the 5th Amendment we have this portion:

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

Clearly, if you are part of the military then you must go before a military court and are not subject to the same procedures or processes as Civilians are.  I do not think we need to go into this section further.  The next part is also pretty self evident in its meaning as we understand it:

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,

This is where our Miranda Rights come into play. We are all, by now, aware that we must be informed of our Right to remain silent and to have an attorney present during questioning. The twisting of the court system has extended this Citizen ONLY Right to illegal aliens, but they are NOT due the Rights of Citizens as they are NOT Citizens of this country!!! And who pays for this?  Why the Citizens of this country naturally!

Part of the twisting of our Constitution is granting rights to illegal aliens.  According to law, illegal aliens have no rights in this country.  The U.N. has granted them the right to return to their country of origin and nothing more.

Benjamin Franklin, Signer of the Constitution, Attendee of the first Continental Congress, co-author of the Bill of Rights Wikipedia image

The next section of the 5th Amendment states:

nor be deprived of life, liberty, or property, without due process of law

Say you are not carrying the required insurance on your vehicle or the tags have expired and you are pulled over by a police officer. He or she first writes you a ticket and then proceeds to take your car keys and calls a tow truck. He has just violated your 5th Amendment right. Due Process means that before ANY Action can be taken against you or your property it must go before a court of law. A court must find you guilty FIRST before your property can be removed, a fine imposed, or you are taken to jail!!!

nor shall private property be taken for public use, without just compensation.

Congress loves to pervert this clause! It is expressly forbidden, but they will try it anyway and unless you understand your property rights, the due process clause, you will lose your property to eminent domain, which is patently illegal. The government has no right to property, it is an entity, not a person.  Rights extend to PEOPLE, not entities.  The following clause in the Constitution forbids the government from taking personal property:

Article 1 Section 9 Paragraph 3

No bill of attainder or ex post facto Law shall be passed.

But what is a bill of attainder or an ex post facto law? The legal definition may be found HERE:

“The Bill of Attainder Clause was intended not as a narrow, technical (and therefore soon to be outmoded) prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function or more simply – trial by legislature.” U.S. v. Brown, 381 U.S. 437, 440 (1965).

“These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment.” William H. Rehnquist, The Supreme Court, page 166.

The short answer is that the government is forbidden from using eminent domain as an excuse for taking a person’s property. Not knowing your rights can cost you in court. Nor does it mean that the government gets to decide how much your property is worth when compensating you, although they will try, YOU set the just compensation price for your property IF you decide to let the government have it.

Signing the Declaration of Independence

Unless you understand what a Constitutional Right is, you cannot defend yourself adequately and your lawyer may not necessarily be serving your best interests.  I know of one case in particular where the lawyer was unaware of a State law and so failed his client in defending him.  I am sure many lawyers would disagree with me about this, but how else is it that eminent domain cases are being lost?  You MUST understand the full implications behind the Constitution or forfeit the protections granted and assured by it.

Continued attempts by the legislators of this country to usurp the Rights declared by the Constitution are underway.  Seditious Conspiracy is one new way our government has sought to deprive Citizens of their right to due process.  Another is a new bill being considered which would strip a Citizen of their Constitutional Rights, their unalienable rights, and of Citizenship should they be a member of any group Congress deems to be against the government.  Consider the DHS Dictionary, the Right-wing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment as the governments basis for defining these groups and those Citizens which are a part of them.

S. 3081: Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010

March 4, 2010

Mr. MCCAIN (for himself, Mr. LIEBERMAN, Mr. INHOFE, Mr. BROWN of Massachusetts, Mr. WICKER, Mr. CHAMBLISS, Mr. LEMIEUX, Mr. SESSIONS, and) introduced the following bill; which was read twice and referred to the Committee on the Judiciary


This Act may be cited as the ‘Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010’.


(a) Military Custody Requirement-

Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.

(b) Reasonable Delay for Intelligence Activities-

An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods.

Believe me when I tell you this bill is an attempt by congress to strip citizens of their unalienable rights. Without access to the courts, due process is circumvented. You could be detained forever without being able to do anything about it. Think FEMA camps.  McCain wants to be elected again in Arizona. His arrogance in this matter is beyond all comprehension. As is the arrogance of all the rest of those who are sponsoring this bill. Time to kick ass America!

It isn't the British we need worry about at this time, but our own congress! Wikipedia image

This bill is currently being considered by the following:

Senate Judiciary, Subcommittee on

Make sure the men listed as sponsors of this legislation are NOT re-elected to congress.  Send a message loud and clear that we will not tolerate this type of legislation to be enacted against We the People!  Get out and VOTE!

Contact those on this committee and let them know their careers are on the line with this legislation.  We as Citizens of this country will not allow any legislation to be enacted which will jeopardize our Citizenship or the Constitution!

Get angry America and get your ass in gear!  If you do not do anything you will become a victim of your own lethargy.  You will deserve neither Citizenship nor protection under the Constitution.

Worth Reading:

Obama Beware: The Federal Grand Jury is the 4th Branch of Government & DOES NOT require the Courts


~ by justmytruth on May 18, 2010.

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