Legal Question in Constitutional Law in Pennsylvania

my question is based on the language used in the fifth amendment

the fifth amendment reads:

Fifth Amendment (Amendment V)

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 in 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

Given the definition of the word person

PERSON. This word is applied to men, women and children, who are called natural persons. In law, man and person are not exactly synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, &c. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. n. 137.

2. It is also used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669; C. 33 Eng. C. L R. 488; Woodes. Lect. 116; Bac. Us. 57; 1 Mod. 164.

3. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended, unless something appear in the context to show that it applies to artificial persons. 1 Scam. R. 178.

4. Natural persons are divided into males, or men; and females or women. Men are capable of all kinds of engagements and functions, unless by reasons applying to particular individuals. Women cannot be appointed to any public office, nor perform any civil functions, except those which the law specially declares them capable of exercising. Civ. Code of Louis. art. 25.

5. They are also sometimes divided into free persons and slaves. Freemen are those who have preserved their natural liberty, that is to say, who have the right of doing what is not forbidden by the law. A slave is one who is in the power of a master to whom he belongs. Slaves are sometimes ranked not with persons but things. But sometimes they are considered as persons for example, a negro is in contemplation of law a person, so as to be capable of committing a riot in conjunction with white men. 1 Bay, 358. Vide Man.

6. Persons are also divided into citizens, (q.v.) and aliens, (q.v.) when viewed with regard to their political rights. When they are considered in relation to their civil rights, they are living or civilly dead; vide Civil Death; outlaws; and infamous persons.

7. Persons are divided into legitimates and bastards, when examined as to their rights by birth.

8. When viewed in their domestic relations, they are divided into parents and children; husbands and wives; guardians and wards; and masters and servants son, as it is understood in law, see 1 Toull. n. 168; 1 Bouv. Inst. n. 1890, note.

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 in 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

vs

PERSON. This word is applied to men, women and children, who are called natural persons

In law, man and person are not exactly synonymous terms.

3. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended, unless something appear in the context to show that it applies to artificial persons

the question i pose is the use the use of the word "person" and the use of the word "himself" found in the fifth amendment when verbally spoken(out of a natural human beings mouth which would project in the form of sound that would formulate words) reads.

No person ...... nor shall any person...........witness against himself.......

would these words when spoken in verbal form tend to violate the states of Pennsylvanians Constitution?

CONSTITUTION

OF THE

COMMONWEALTH OF PENNSYLVANIA

Article 1

DECLARATION OF RIGHTS

That the general, great and essential principles of liberty and free government may be recognized and unalterably established, WE DECLARE THAT -

Prohibition Against Denial or Abridgment of Equality of Rights Because of Sex

Section 28.

Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual.

the question would be worded differently would the fifth amendment by using the word person and by using the word himself identify the sex of an individual as shown under section 28 "Pennsylvania because of the sex of the individual".

Asked on 10/25/13, 10:41 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson
0 users found helpful
0 attorneys agreed

Law is not interpreted in a vacuum. It's how it applies to a particular set of facts presented in a case. You've given the rules but no facts to apply them to. So there is no answer. Just like there are no judgments without cases.

{John}

Read more
10/26/13, 5:08 pm

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