The Sixth Amendment - Page 7

American · 06-02-08, 09:01 AM

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Originally Posted by Voidwar

I'll go with it's complete absense from the 6th amendment, and it's complete absense from Article III as pretty strong evidence.

What does Art III have to do with it? What does English Common Law say?

Voidwar · 06-02-08, 10:12 AM

Quote:

Originally Posted by American

What does Art III have to do with it? What does English Common Law say?

You tell me.

Quote:

Article III.

Section. 1.

The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

RightinNYC · 06-02-08, 08:14 PM

Quote:

Originally Posted by Voidwar

You tell me.

And the $10,000 question - which part of Art. III says that "Only the things specifically mentioned in this Article are permissible"?

Voidwar · 06-02-08, 08:56 PM

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Originally Posted by RightinNYC

And the $10,000 question - which part of Art. III says that "Only the things specifically mentioned in this Article are permissible"?

It does not need to say that.

Article III mandates trial by jury. However . . .

Quote:

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

RightinNYC · 06-02-08, 09:00 PM

Quote:

Originally Posted by Voidwar

It does not need to say that.

Article III mandates trial by jury. However . . .

I'm not going to get into this again. Reread my earlier posts on this subject. The constitution hasn't changed since I wrote them.

Voidwar · 06-02-08, 09:24 PM

RightBackAtchya