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IPFS News Link • Constitution

The Fifth Amendment Lies in Crumbles

•, by Jacob G. Hornberger
 The term “due process of law” stretches all the way back to Magna Carta, the great charter extracted from King John in 1215 in which he was forced to acknowledge that his power over the citizenry was not omnipotent. It stated in part:

No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land.

That phrase — “law of the land” — ultimately evolved into the phrase “due process of law,” the phrase found in the Fifth Amendment.

What does “due process” mean? Over the centuries, it has come to encompass, at the very least, the concepts of notice and hearing.

Thus, before the government can deprive a person of his life, the government must provide him with a formal notice of why the government wishes to kill him.

2 Comments in Response to

Comment by Ed Price
Entered on:

Once again we see that it is Congress that is to blame. They could have impeached Obama long ago.

Comment by Lola Flores
Entered on:

Fifth Amendment?  Oh, not to worry.  As soon as the Connecticut Patriots hear about it, they will be calling for an armed revolution to save it.  Ha ha!