The next in my series on the Bill of Rights is the Fifth Amendment. It is reproduced below. There is a lot in there, so I will break it up, and address its bearing on our Liberty Framework a section at a time.
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.
Let’s start with the first part. “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.” Let’s first translate that into more common language. “No one shall be tried for any offense without being formally charged for the offense by a Grand Jury, unless the offense involves the military, when it is acting in warfare or in a public emergency.”
That first part is a good idea, and fits right in with our framework. No one should be put on trial without there being some reason to suspect they actually committed some crime. The second part, unfortunately, leaves open some possibility for abuse. Why should the military be exempt from such restriction? According to the way that is written, they don’t have to formally charge you with a crime to put on you trial, pretty much at any time, because when is there not a “public danger”? Especially in today’s political climate.
Most people are familiar with the meaning of the next part, “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb”. You can’t be tried for the same crime a second time, if you are found not guilty the first time. This, in conjunction with the first part, are very important restrictions, because it means a person can’t just be put on trial until a conviction is obtained. It prevents unfair persecution.
Most people are again familiar with the meaning of the next section, “nor shall be compelled in any criminal case to be a witness against himself.” You can’t be forced to testify against yourself, or be forced to provide evidence against yourself. This is important to clarify, because until you have been convicted of a crime, your rights cannot be violated, and forcing you to testify against yourself would violate your rights.
This next part is a very key concept for our justice system, and any just way of settling disputes. “nor be deprived of life, liberty, or property, without due process of law”. No one can violate your rights without first proving, through due process of law, that you violated someone else’s.
The last part, “nor shall private property be taken for public use, without just compensation.” The last three words introduce a very dubious caveat. What would be just compensation? According to our framework, just compensation for a person’s property would be an amount they are willing to part with it. If a transaction is not voluntary, it violates the right to freedom of association at best, and is outright theft at worst.
Logical Liberty 