"The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary." ~ H.L. Mencken
The Fifth Amendment Protects Everyone, Not Just Citizens
Submitted by Westernerd on Thu, 2012-08-09 02:00
"Contrary to what President Obama and his assassination team have suggested, the term “due process of law” is not fulfilled simply because Obama consults with a team of advisors before he deprives people of their lives through assassination. Due process of law, a term that stretches all the way back to Magna Carta, has always meant a process of judicial review."
0
Your rating: None
- Login to post comments
User Login
Search This Site
Related Columns
- Hillary Clinton, Donald Trump and Pussy Control
- 'Jupiter Ascending' Versus the Power Elite and the Rise of Automated AI Trolling Attacks, and More
- Ed Schultz and His Alleged Middle Class Heroes
- A Look at the True Collectivist, Socialist and Communist Nature of Today’s Conservatives
- Protecting Ourselves From the State
Recent comments
-
11 weeks 1 day ago
-
30 weeks 20 hours ago
-
38 weeks 8 hours ago
-
38 weeks 4 days ago
-
38 weeks 5 days ago
-
1 year 10 weeks ago
-
1 year 14 weeks ago
-
1 year 14 weeks ago
-
1 year 14 weeks ago
-
1 year 25 weeks ago
Comments
Only in fantasy land, does the Fifth Amendment protect anyone. Back here on Earth, the rulers do what they please.
"Here’s the Fifth Amendment in pertinent part: “Nor shall any person … be deprived of life, liberty, or property without due process of law.”
Notice that the amendment does not say: “Nor shall any citizen … be deprived of life, liberty, or property without due process of law.” It says person." ~ Jacob Hornberger
Yes, it does say "person", Jacob. But notice, too, that it does not say: "Nor shall any man ... be deprived of life, liberty, or property without due process of law.” It says person.
person In law, man and person are not exactly-synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, &c. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. n. 137. ~ John Bouvier's 1856 A Law Dictionary
This word "person" and its scope and bearing in the law, involving, as it does, legal fictions and also apparently natural beings, it is difficult to understand; but it is absolutely necessary to grasp, at whatever cost, a true and proper understanding of the word in all the phases of its proper use… The words persona and personae did not have the meaning in the Roman which attaches to homo, the individual, or a man in the English; it had peculiar references to artificial beings, and the condition or status of individuals… A person is here not a physical or individual person, but the status or condition with which he is invested… not an individual or physical person, but the status, condition or character borne by physical persons… The law of persons is the law of status or condition.
A moment's reflection enables one to see that man and person cannot be synonymous, for there cannot be an artificial man, though there are artificial persons. Thus the conclusion is easily reached that the law itself often creates an entity or a being which is called a person; the law cannot create an artificial man, but it can and frequently does invest him with artificial attributes; this is his personality… that is to say, the man-person; and abstract persons, which are fiction and which have no existence except in law; that is to say, those which are purely legal conceptions or creations. ~ American Law and Procedure, Vol 13, page 137, 1910
"A person is here not a physical or individual person, but the status or condition with which he is invested…", that "status or condition" is citizen.