Podcasts | Constitutionally Speaking

Episode 36: Pleading the Fifth [Part 1]

(Brennan Linsley/Pool/via Reuters)

Today, Luke and Jay talk about the first half of the Fifth Amendment. What’s so grand about a Grand Jury? Where does it come from and why do we still use it? The guys unpack that and more, looking all the way back to Runnymede and beyond. They also unpack the martial law provisions of the amendment and explain how we think about the law in fundamentally different ways than Madison and his contemporaries did. Finally, they explain how the prohibition on double jeopardy illustrates the intermingling of the common and Roman legal traditions long before Blackstone. Next week, they are going to deal with self-incrimination, due process, or takings.

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