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A witness in any proceeding whatsoever in which testimony is legally required may refuse to answer any question, his answer to which might be used against him in a future criminal proceeding, or which might uncover further evidence against him.
Hitchcock 28 grand jury investigation under the Interstate Commerce Actwhere the Court by way of dictum used the broad language just quoted above from the annotations of the Constitution and specifically rejected any difference between constitutional provisions that "no person shall be compelled to accuse or furnish evidence against himself," and that "no person shall be compelled in any criminal case to be a witness against himself" page et seq.
The Court was of the opinion that the substantial differences in language should not bring about any difference in meaning. Next came McCarthy v. Arndstein 29 hearing in bankruptcywhere the Court broadly held that the privilege was available in civil cases.
Then came the further stretch to cover hearings in congressional investigations. United States, Emspak v.
United States, and Bart v. Daughertys 31 and Sinclair v. Bryan 34 until revised in by an enlarged immunity act. The act of January 24,at least as then framed, would appear to have prevented the use of testimony obtained in a congressional investigation in either the federal or state courts Brown v.
Walker 35Adams v. Maryland 36because an act of Congress is the supreme law of the land binding on both state and federal courts; hence, in the pursuit of an appropriate constitutional objective wholly aside from the historically correct meaning of the Fifth Amendment Congress has it in its power to adopt the practice of the English Parliament, namely excusing no witness from giving self-incriminating testimony, but, as a matter of grace, not consenting that the incriminating testimony shall ever be used against the witness in any court, state or federal.
That "privilege," approved in the manner provided by the Constitution, has been destroyed in a manner forbidden by the Constitution.Calculate your federal, state and local taxes with our free income tax calculator.
We use your income & location to estimate your total tax burden. Also . Although James Madison was the youngest member of the Continental Congress, his leadership was a critical factor in the development of American government. Madison proposed the Virginia Plan, he authored some of the Federalist Papers, and he wrote the Bill of Rights.
The first national election. I have long called myself a social conservative. I think it is very important to have standards for behaviour (etiquette) and defined roles.
The problems with this system is not that it exists, but the lack of flexibility and the value placed on them. Why the future doesn’t need us. Our most powerful 21st-century technologies – robotics, genetic engineering, and nanotech – are threatening to make humans an endangered species.
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Catholic League president Bill Donohue comments on the rise in exorcisms: The Christmas season has just begun, and so has the need for spiritual peace.
By any measure, the number of troubled Americans, saddled with personal problems, is staggering. Some are so desperate as to.