The Fifth Amendment
“A grand jury will indict a ham sandwich, if that’s what you wanted.” – Sol Wachter, Chief Judge of the New York Court of Appeals, 1985 to 1992
Greetings my fellow Americans!
As with several of the initial amendments to our national Constitution, Number 5 enumerates multiple prohibitions on government. The text reads as follows (formatting mine):
- “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;
- nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;
- nor shall be compelled in any criminal case to be a witness against himself,
- nor be deprived of life, liberty, or property, without due process of law;
- nor shall private property be taken for public use, without just compensation.”
As with the entirety of the Constitution, interpretation of, and fidelity to, the provisions of this Amendment have been subject to moral, ethical and theological filters and boundaries, all established (and subsequently morphed) through language. Insofar as these Amendments were not even part of the original Constitution, i.e., that these were added to explicate and/or further clarify that government’s powers were to be fixed, enumerated, and limited, exposes the weaknesses in relying on legislation alone to ensure that the proper filters and boundaries are employed to both understand and execute the intent of those who authored, and ratified, that founding document.
That said, let’s dive a bit further into the first clause of this amendment, that which addresses “capital crime.” The word “indictment” appears here, and is only the second of two occurrences in the current Constitution (the other being Article I, Section 3, regarding impeachment). Grand Jury is also used, being one of five of jury in the document (only one of which is in the main body). Given the litigiousness of our modern culture, and the ever-increasing massiveness of those bureaucracies deemed to now fit within the “Department of Justice,” I find it fascinating that so little of what is considered to be the “supreme law of the land” deals explicitly with the formal declaration, and adjudication, of crime.
Likewise, I am simultaneously amazed and dismayed by the prevailing notion that, in today’s America, one can “indict a ham sandwich,” given the relative ease with which grand juries can be convened and convinced to authorize prosecution, with little, or no, proof, that an actual crime has been committed. That the Judicial branch of our national government was intended to be the least encompassing or encroaching of the three on the average citizen is a discussion I shall leave to those diving more deeply into The Federalist Papers; that the so-called “Department of Justice” is wholly within the Executive Branch also seems rather oxymoronic, given the “separate, yet equal” nature of these branches as originally constituted.
If the powers of the Department of Justice have ever been seriously challenged in my lifetime, I am wont to recall any such pushback, especially from the Legislative branch of individuals duly elected to represent the interests of “the People.” The apparent general abdication of the national Legislature to hold both the Executive and Judicial branches in check (regardless of political affiliations) has manifested itself in several ways, and this effective dereliction of duty has enabled these other branches to run roughshod over the prohibitions against the abuse of governmental power contained in this Fifth Amendment.
State governors and legislatures are likewise culpable here. While Amendment 17 has undermined their representation in the U.S. Legislature, they still have a duty and responsibility to preserve the sovereignty of their respective states in these regards. We the People should be actively seeking out those who desire to hold positions of authority within our States who are willing to say “no” when the national government exceeds its constitutional bounds of authority, especially where the indictment of individuals within their respective constituencies is concerned. If the U.S. Constitution is still to be the “supreme law of the land,” then local and State representatives are supposed to be just as bound to it, under oath, as those spending the bulk of their time in Washington, D.C. It’s long past time that we hold those closer to our own back yards more accountable to uphold that law as we prepare to fill out and submit our next ballots.
If you enjoyed this article, then please REPOST or SHARE with others; encourage them to follow AFNN
Truth Social: @AFNN_USA
Facebook: https://m.facebook.com/afnnusa
Telegram: https://t.me/joinchat/2_-GAzcXmIRjODNh
Twitter: https://twitter.com/AfnnUsa
GETTR: https://gettr.com/user/AFNN_USA
Parler: https://parler.com/AFNNUSA
CloutHub: @AFNN_USA
Right. Abdication by Congress is the most serious part of the breakdown of the Federal government. The People’s House is serving the People poorly by not checking the Executive nor themselves. Abdication has been on going since WWII.
War Powers Act, while seemingly prudent, gave rise to nearly full blown Dictatorship – a very appropriate word since the Constitution makes the President Commander in Chief only when called into actual service and not in perpetuity while in office. This calling into service is not explicitly listed, but maybe A1, S8 covers it. A2, S2 highlights “… when called into the actual Service of …” but since we have a fulltime military and one circling the globe, a generalissimo would be fitting, for example.
To the States who likewise have abdicated their positions, our Republic is strained much.
Thus, we should now consider protecting the poor ham sandwich against further abuse and harm. And, since we respect no establishment of a particular religion, but allow any to practice, then all faiths should help preserve our unfortunate sandwich, ham or otherwise, for it goes to the stomach of our Republic – the central dominating organ which the rest of the body supports – our stomachs are the masters of our bodies, and our bodies protect the Republic. Thus, a threat to a ham sandwich is a threat to all of us.