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Quick textual reflections on Constitution Day

By Douglas A. Berman

Today, September 17, is the 221st anniversary of the day in 1789 when the Constitutional Convention officially submitted its proposed constitution to the people of the United States.  To honor the day, I thought I might quoting some of the key criminal justice provisions of the original U.S. Constitution (along with the Bill of Rights): Part of Article I:  "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.  No Bill of Attainder or ex post facto Law shall be passed." Part of Article II:  "The President ... shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment." Part of Article III:  "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...continue to full post

Full post as published by Sentencing Law and Policy on September 17, 2010 (boomark / email).