Comment Re:*sigh* (Score 1) 796
Hardly. In the first place, the fifth amendment isn't a law at all. It is a declaration of one of the rights enjoyed by all people as believed by the founders. The inclusion of the Bill of Rights into the Constitution was done to EXPLICITLY remind the Federal Government that the people had certain rights that could never be abridged by any law created by the government (the writers of the Bill of Rights did not think the Constitution was clear enough on the rights held by the people, and withheld from the Federal Government, hence their insistence on including the Bill of Rights). So the Bill of Rights are a list of rights that cannot be abridged by any law.
I understand that over the years as a society we have agreed on some very narrow lawful exceptions to the Bill of Rights, but the Bill of Rights amendments are not laws, they are reminders to the Federal Government of the limits to the government's powers.
In addition, one would do well to remember that the Constitution itself is a document that spells out the LIMITS of the powers granted to the Federal Government by the CITIZENS, and not something that governs the citizen. Congress crafts laws, but those laws MUST be allowed by the Constitution, else they are declared unconstitutional. The job of the US Supreme Court is to do just that -- make sure that the government does not exceed it's limited powers.