Posted on 05/05/2005 3:22:31 PM PDT by Constitutionalist Conservative
“The Constitution is not a living document. It’s a legal document, and legal documents do not change.”
Now, if we could just get the libs to understand this.
Amendment V
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 offense 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.
(boldface added for clarity)
That's why the Constitution has a provision to change it by amendment - not by interpretation.
Algore is unconstitutional.
"Legal documents do not change".
Exactly. It's like a divorce. Ten years later a spouse comes back and says, "Yes, I signed it, but I changed my mind. I believe our decree is a living document. So I want all your share of the investments and give me back the Spode china."
To be deprived of "life, liberty,or property without due process of law"...so this is to say that with due process of law, then one could be deprived of life, liberty, and due property?
Amendment V
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 offense 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 question about the death penalty does that raise for you?
Yes, indeed. As does the other boldfaced clause.
Clearly the death penalty was an expected aspect of "capital trials." Capital punishment means "you lose your head." Therefore, in Amendment 5, "...be subject for the same offense to be twice put in jeopardy of life or limb..." and "nor be deprived of life, liberty, or property" we are clearly discussing capital punishment. To argue that capital punishment is cruel and unusual would be to assume that Amendment 5 did not address the punishments of the day, and therefore, would be revisionist.
None. The death penalty is constitutional by my reading of that amendment.
The first provision is about double jeopardy. So the federal government can only kill someone once under that provision. It's irrelevant to the death penalty.
The second provision actually allows the federal government to deprive people of all those things WITH due process of law.
The second is the only one of the two that MIGHT tangentially touch on the death penalty--and then because it PERMITS it.
How does that square with the idea that orginally man/men were white, male and over 21?
I believe the other references of the laws that referenced the Black Men/Women were superceded by the passing of the Emancipation Proclomantion and the Civil War. Men /Women are referenced as Men/Women regardless of their race.
I wish I knew who said this, but I've heard that "liberals want to prove the Constitution is a living document by killing it."
And you interpret the actual words. It's not written in poetry. The words mean what they say. But justices go by their own biases because they are human. That's why we need more conservatives.
Fine unless they're "interpreting" rights never fathomed by the founders . . .
Oops I misread your post. Disregard my last response to you. Sorry.
Char...over here.
FMCDH(BITS)
Music to my ears!
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