Another Amendment Bites The Dust

In highlighting this article by Judge Andrew Napolitano, I am not condoning robbery, but I also do not condone overly zealous prosecutions, nor twisting the words of the Constitution to permit such unscrupulous prosecutions. As Napolitano also notes though, many people who should not be prohibited persons for guns, in fact are.  Napolitano writes:

The Fifth Amendment to the U.S. Constitution provides that no person shall "for the same offense to be twice put in jeopardy of life or limb." This is commonly referred to as the double jeopardy clause. Like the other initial eight amendments in the Bill of Rights, the Fifth Amendment was written largely in response to government excesses and abuses during the colonial period. In the case of this clause, it was expressly written to prevent repeated attempts to convict.

...snip...

Compare that clear liberty-loving language with the Court's tortured idea of the textual differences between offenses and crimes, and one can see that judicial intellectual chicanery can always find a means to an end. The Supreme Court should be in the business of protecting our rights, not upending them.

The benefit of any historical doubt or textual ambiguity should always favor liberty over power, because liberty is inalienable and integral to our humanity and essential for our happiness. Power is whatever the government wants it to be.

Go read the entire article which is located at Townhall.com today. Napolitano is correct that Americans should not be subject to prosecution for the same crime twice. This is known as double jeopardy, and the 5th Amendment is pretty clear on this subject.  Once again, the Supreme Court sides with the tyrants rather than the people.  Of course, this ruling is null and void because it offends the Constitution, but unfortunately, the effect is to put real people in double jeopard.