The Fifth Amendment: Stopping American chaos before it starts | Amaryllis Fox
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The Fifth Amendment: Stopping American chaos before it starts | Amaryllis Fox


The fifth amendment of the Constitution of
the United States of America says 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 an actual service in time
of war or public danger. Nor shall any person be subject for the same
offense 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. So for me, the fifth amendment is really the
big Kahuna. I have lived and worked in many countries
where the seizing of life and liberty and property without due process of law was an
everyday event. And we fought that kind of tyranny in order
to establish this young upstart of a country that we all treasure. And this is not an easy amendment to enforce
and it’s one that really requires our constant vigilance. I mean, we have seen in times of challenge
and war in this country this amendment be compromised from Japanese internment camps
during the war to the drone assassination of an American citizen al-Awlaki in Yemen
in 2011. We see extrajudicial killings happen with
alarming regularity on the streets of our county in law enforcement contexts. And when I look at extrajudicial killings
in other parts of the world and the ease with which law enforcement become judge and jury
on behalf of the citizens and take that power over somebody’s life and liberty and property
to themselves. It’s a slippery slope and it’s a slope
that always begins with some sense of emergency, some contingency situation where just now,
just this once, just until we resolve this emergency it’s warranted. But it is exactly those instances that we
have these amendments for. It’s very difficult to make the right decision
in moments of fear and that’s why we did the thinking in advance. And when we look at what we’re called to
protect in the fifth amendment it wasn’t drafted with the intention that it should
only be exercised when life on the streets of the United States is peaceful and tranquil. There’s no need to protect an American citizen
against being murdered by their government when things are peaceful and tranquil. The only need for that protection is in times
of great tension, strife, conflict, fear, and threat. And those are the times when this amendment
is most important. We’re in one of those periods of our history
right now and I really believe that it’s the duty of every American to honor the beauty
and power of that amendment by being constantly vigilant that we enforce it.

62 Comments

  • ALFONSO ,

    Well the neoconservative are litrealy gang banging the constitution jews control the money the cfr the adl our foreign relations the military the white house the news and even they are beginning to subvert the alternative media yo suite their agenda america was fucked when the first private bank was created its too late now

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  • docno62

    Regarding the drone assassination of al-Awlaki…. here was a man who actively recruiting men to kill Americans through numerous platforms, online and otherwise. He did not try to hide the fact that he was waging jihad against the US. At very least, he helped inspire if not plan several terrorist attacks. And this woman is bothered by his demise… she wants to protect his rights under a constitution the man has publicly rejected. Absolutely ridiculous. Really… what does she want? A team of soldiers to risk their lives to go in and extract him from Yemen to face trial? Beggars belief….

  • mrdonetx

    Section 349 of the Immigration and Nationality Act Committing treason or other acts against the U.S. government: Trying or conspiring to do things like overthrow, bear arms against, or make war on the United States can result in a finding that you have given up your U.S. citizenship. Pretty sure Anwar al-Awlaki fell into that category… So not a US citizen no due process. Please sign here on the tip of this drone missile have a nice day….

  • s p

    Virtue is easy where temptation doesn't exist. Unfortunately, the politicalization of fear is always the great persuasion to enact 'emergency measures'.

  • EattherichBuddy

    Poor people like me get public defenders, in Canada that means plead guilty,wear a tie and have a job, so when the police beat us up then charged us with 3 phony charges I was obliged to plead guilty to one in exchange for the pigs and the so called justice system to drop the other 2. Never trust the pigs or ask for their help. Cheers

  • AvangionQ

    Take a look at police seizure rates in America, realize that a large portion of the 5th amendment no longer applies … https://img.washingtonpost.com/blogs/wonkblog/files/2015/11/forf.png + https://www.washingtonpost.com/news/wonk/wp/2015/11/23/cops-took-more-stuff-from-people-than-burglars-did-last-year
    As for police shootings, we have around 1100 per year, yet police officers are rarely charged with manslaughter, let alone murder … http://killedbypolice.net

  • WormholeJim

    So basically, if germany had had a Fifth amendment, Hitler wouldn't have been legally able to do what he did to those among his fellow citizens deemed unfit for being part of the master race.The Fifth would have protected them and their rights against him wanting to genocide them.

  • Zac T

    we should be constantly vigilant of ALL of the amendments….. right now the 2nd is being directly targeted and the 10th has long been forgotten

  • A3Kr0n

    History shows that in times of stress our government has no problem violating the 5th amendment. It's almost as if the Constitution exists only when its convenient.

  • Arturo Di Bernardo

    it's funny to hear those words coming from an Ex CIA, because yes she can talk about human Americans rights, but you worked on an organization who literally have killed and devastated other countries, just because they weren't aligned with the interests of USA

  • Edward Bratton

    So “sensible restrictions” on constitutional amendments are or are not a good idea Big Think? Just a few weeks ago you posted a video which advocated curtailing rights provided by other amendments…

  • Bweiss1234

    We don't need due process, the liberals want to ban scary things that make them cry. They don't want to know how many lives are saved by guns in self defense every year. It bad = must ban.

  • Jhosstyn Toledo

    The fifth amendment didn’t protect the innocents lives from 9/11. And yet the days before that everything was tranquility… and so how can this amendment protects the Americans citizens when behind riches and powerful individuals from the USA government planned this….

  • Razx MNazx

    and the question still remains
    how busy were you when it was your watch?
    you are my second favorite spook mary
    i like you in part because i suspect you were a cute baby
    but your not that cute anymore
    and blood doesn't wash off that easy
    gonna take more than just big sister game…
    this time

  • Ann Xu

    She was going to say “I really hope” but then change it to “I really believe” in the last sentence,which made me a little bit sad and I don't know why……

  • docno62

    This comment will get me flamed, but the truth can withstand fire. Americans sometimes act as if they believe that they have the only country with a constitution and that this means they are more free than any other country. Australians and Canadians would disagree, for instance. But the real problem is that Americans treat their constitution almost as if it’s a religious relic that, despite being amended in the past, cannot be adapted to modern circumstances. And this religious reverence cripples the country in some ways … it becomes constrained by views and conditions from more than 200 years ago that may no longer be fully relevant…

  • Logan Fields

    Anwar al-Awlaki sought the end of not only the 5th amendment. He therefore did not want it to be applied to him. He was judged by the method of his own judgement.

  • Rael

    A key thing to note is that not all of us treasure this country. We actively have groups (Antifa, Muslims) who's very goal is to bring it to its knees and destroy it. Never forget that.

  • Nicholas Heimann

    It's like when corrupt university bureaucrats call the cops on someone, bar and ban them from campus, and threaten them with arrest for exercising their free speech! All without due process! All for pretended danger! With misrepresentation of "evidence". Treasonous terrorist sympathizers in Yemen are a real danger and should not be used as an example of this. Law abiding American citizens victimized by abusive tyrants (who usurped state power by holding unelected University positions) need to be given justice! Real amendment violations are so serious that in addition to victims being given full restitution, the Federal Government should execute these tyrants for their crimes.

  • jimmyhackers

    a piece of paper……grants you yanks your freedom and tells you how to be good people…..cummon people…….grow up

  • apostate001

    The US has the same. Cops take life everyday without repercussions. Civil asset forfeiture is a daily event. Only delusional slaves think that they live in a free USA.

  • TheyCallMeNewb

    Is it true that our respective governments can and not uncommonly do kill the 'spies' of rival nations even today?

  • RevenantCheetosx

    Americans are quick to give up liberties and rights when they’re frightened. Loss of privacy. Loss of guns. Loss of safety in the streets, so people get rounded up, put on trial and executed. When the sheep are scared, the herder is their savior.

  • Arthur Wilton

    Excellent video! Other rights mean very little if the tribunals that they are adjudicated in are hopelessly biased or non-existent.

  • cybersekkin

    slippy wording to twist the meaning. By her reasoning, a "Citizen" can shoot at a policeman and the policeman cannot return fire.

  • chappy0061

    "this is an important lesson on maintaining important rules of society"
    looks in comments
    "oh look, 5 comments in and i see an american advocating the act of ignoring this important rule if the injustice is suffered by a political opponent"

    American citizens are their own worst enemies.

  • Doctor Reno

    Lawyers quibbles. They cancelled the Fifth Amendment when the NSA started listening to every single word every American with an email account, or a cell phone or any other kind of device has to say–and they're working on listing to everything we think–but thankfully we can trust our government…
    Short list of other "Rights" they've cancelled: First Amendment Right to Free Speech (political correctness says you cannot say certain things someone else dislikes). Second Amendment. Gun Registration–for the good guys only. Forth Amendment Right to due Process, i.e., having the NSA listen to your conversations without a Warrant…and the list gets longer every single day.

  • jon snow

    How does income tax not spit right in the face of the fifth amendment? I wasn’t given just compensation or underwent any due process before my property was taken? Also, don’t I have the right to remain silent and not fill out a 1040? SMDH

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