Friday, September 17, 2010

Living Constitution blog 8: The 5th Amendment

1) Source:  Politico.com
Title: Have you ever been a 'judicial activist'?, May 12, 2009
http://www.politico.com/news/stories/0509/22380.html

2) Constitutional Connection:
Amendement 5, Trial and Punishment, Compensation for Takings "We are not to be deprived of life, liberty, and property without due of process"

3)Explanation:
     This article talks about how some judges are judicial activists and they support the 5th amendments idea of due process of law. Judicial activism usually occurs when judges disregard the law in favor of their preferred outcomes. This article explains why judicial activism usually occurs in court rooms.

       This article relates to the constitution because it talks about the 5th amendment. It relates to the 5th amendment because it talks about how some judges support the ideas of due process of law which is given as a right by the 5th amendment. In the article it talks about how judicial activism usually comes up in two situations,  A decision must be both wrong and based on inappropriate motivations. It’s hard to prove either part. Many legal questions are close calls with reasonable arguments on both sides, so figuring out whether a decision is “wrong” can be tough.
     
        I am unsure about my feelings towards the article. I do know how I feel towards the 5th amendment. I agree with the rights that the 5th amendment gives us. I think that the idea of double jeoprady is good. I feel douple jeoprody is good. because we should't be charged with the same charges again on a later date if we were found innocent the first time. Once the case is over, they shouldn't be allowed to go back.

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