To: tired_old_conservative
The portion of the 5th amendment you cite exists to protect the citizenry from being bought to trial by the federal government for crimes absent any procedural process that establishes some minimal standard of evidence. It does not exist to let a bunch of yahoos run around indicting each other with ridiculous counts of the type found in this presentment. Such an interpretation yields a state of anarchy that would effectively negate the very protection for which the Grand Jury concept is cited.
The 5th Amendment is part of the Bill Of Rights. The Bill Of Rights was written specifically for granting certain powers to the people and only the people. The powers for the three branches of government are cited in the body of the Constitution that were enacted two years earlier. The 5th Amendment does not set a minimal standard of evidence. It provides two different methods for the people to bring charges, either by Presentment or indictment, hence the wording "unless on a presentment or indictment". The anarchy would be in allowing any of the three branches of government the power of the grand jury. You obviously have much less faith in your fellow Americans than did our founding fathers.
37 posted on
12/01/2009 5:30:14 PM PST by
Man50D
(Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
To: Man50D
Curious.....
Has any of these presentments been acted upon either by being allowed to move forward in the normal court procedure or outright rejection by the court?
38 posted on
12/01/2009 5:44:57 PM PST by
deport
(92 DAYS UNTIL THE TEXAS PRIMARY....... MARCH 2, 2010)
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