The Fifth Amendment Protects Everyone, Not Just Citizens

by Jacob G. Hornberger via the Future of Freedom Foundation

When defenders of civil liberties condemn President Obama’s assassination program, some of them place a greater emphasis on the constitutional right of American citizens to be protected from assassination as compared to foreigners. However, as much as they might wish that the Constitution limits its protection to citizens, such is simply not the case. In protecting people from being deprived of life, liberty, or property without due process of law, our American ancestors did not distinguish between citizens and non-citizens. Under the express terms of the Fifth Amendment, whatever protections inure to Americans inure equally to non-citizens.

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.

Keep in mind that the Constitution was originally enacted without any amendments. Calling the federal government into existence, the idea was that the government would not have the power to do whatever federal officials wanted to do. Instead, the idea was that the federal government’s powers would be limited to those enumerated within the document itself. If the power wasn’t enumerated, the federal government could not exercise it.

Why were Americans so concerned about limited the powers of the federal government? Because they were concerned about calling into existence a national government that would end up doing bad things to them — such as enslaving them, confiscating their money and property, or taking them into custody, torturing them, and killing them.

Many Americans were opposed to calling the federal government into existence precisely for that reasons. They were content to continue living life under the Articles of Confederation, which had a federal government whose powers were extremely weak.

Finally, Americans went along with the deal, but only on the condition that as soon as the Constitution was adopted, it would be amended to provide for express restrictions on the powers of the federal government.


Article II Section 4: The Impeachment of Eric Holder

Through Article II section 4 of the Constitution, the people have delegated a great power to Congress to remove certain members of government from office.  A careful reading of this section shows that Congress has the power to remove not only the President and the Vice President but ALL civil officers.  One standard for removal is conviction of a high crime or misdemeanor.   The language of this clause is very clear even using legally demanding language.   This clause in the Supreme Law of our land demands Congress to act as they did when Former President Clinton was impeached for contempt.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes andMisdemeanors~ Article II Section 4 US Constitution

We know Presidents and Vice Presidents are impeachable, but have we forgotten the third category of people in this clause: all civil officers?  Eric Holder is a civil officer.  Eric Holder is a civil officer that has been found in contempt.  

The Constitution therefore DEMANDS that Congress remove Eric Holder from office.  


A Rosetta Stone for the Youth Vote?

by Adam Cahn, via

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite….The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

– Publius, Federalist 45

Saturday, I went to an event sponsored by Rock the Vote.  It was fascinating.  I might have discovered the Rosetta Stone for cracking the youth vote.

Federalism and local control; in other words, the Tenth Amendment.

I didn’t spend much time discussing candidates and parties (except to promote Ted Cruz).  I focused instead on principles and policies.  Federalism and local control struck a chord with these kids.