How does the Fifth Amendment of the US Constitution affect governmental authority? Satyagraha and its defense.

bill of rightsThe Fifth Amendment to the United States Constitution is part of the Bill of Rights and protects against unfair treatment in legal processes. The Amendment requires that felonies be tried only upon indictment by a grand jury. The grand jury is a pre-constitutional common law institution and constitutional in its own right. The Equal Protection Clause is located at the end of Section 1 of the Fourteenth Amendment where “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” “When I tell you that a party must prove something, I mean that the party must persuade you, by the evidence presented in court, that what he or she is trying to prove is more likely to be true than not true.  The burden of proof rests ultimately with the people.”  When the burden of proof perished in the blood bath known as partition did MK Gandhi’s truths prove to be more relevant than those of the Sovereign British Empire? Here is how anyone in their country of origin can help.  For starters, stay away from governments whose ruling body accommodates ruin as a means of self-rule.  “Once this implication is accepted we can coherently go on to speak of limited government coupled with unlimited sovereignty. Arguably this is what one should say about constitutional democracies where the people’s sovereign authority is thought to be ultimate and unlimited but the government bodies—e.g., legislatures and courts—through whom that sovereignty is exercised on the people’s behalf is constitutionally limited and subordinate.”  http://plato.stanford.edu/entries/constitutionalism/#SovVerGov

gandhiquotes

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