The 5th Amendment

“nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, orproperty, without due processof law; nor shall private property be be taken for public use, without just compensation.”

I have chosen at this time to only touch on certain aspects of the 5th Amendment. Mainly those that are violated on a daily basis. “…nor shall be compelled in any criminal case to be a witness against himself…”  “Papers please..” I have yet to see the except clause in the 5th Amendment. Any time you are engaged by an officer there is a good chance anything you say to him will be used in a court of law. ANYTHING.You are under NO obligation to answer a single question. And in Miller v. U.S. the supreme court ruled that “The claim and exercise of a constitutional right cannot be converted into a crime.”  In otherwords, if you chose not to give an officer your name he has NO leeway to make that a crime.

Fingerprints and DNA are also ways to witness against yourself. Yes, you have the right to refuse. And this right cannot be infringed upon by the “State” using the 4th Amendment Warrant as it is protected not only under the 5th but the 9th as well. “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.”.

“…nor be deprived of life, liberty, or property, without due process of law…” Gee, that says a mouth full. That means law enforcement cannot take your liberty, you know, toss you in jail, without due process. Due process is that part where an injured party signs a complaint and then you are taken before a jury of your peers and then if, and only if, you are found guilty can you be incarcerated. This also protects your property from being taken. You know, like when an officer unConstitutionally takes you to lock-up and then calls in a tow truck driver to “steal” your car. You have now become deprived of your property. And in order to get your property back you are again deprived of your property…money.

“…nor shall private property be taken for public use, without just compensation.” Ok, this is a biggie. How many times has your neighbors property been taken because they couldn’t pay taxes. Well, guess what, even if that unConstitutional property tax was Constitutional, that would only allow for the county to deduct what they say you owe in taxes from the value of the property they just took and would owe you the remainder. This in itself would stop the government theft of property.

It is time we start holding our government officals accountable for taking away our rights and stand up for what is right. If you can’t do it at the ballot box do it in the jury box. Jurors have rights too. They have the right to judge the Constitutionality of the law as well as the person on trial.

“Any law that is repugnant to the Constitution is null and void of law.” Marbury v. Madison. That means even if the defendent did in fact break the law you could and should find them not guilty because an unConstitutional law cannot exist.


About Patty Motley

I have spent over 19 years trying to teach people about their rights and how they are ultimately responsible for them. View all posts by Patty Motley

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