Marjorie "Midge" Osterlund Rendell is a Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit and a former First Lady of Pennsylvania. In 2003, she was named to the PoliticsPA list of "Pennsylvania's Most Politically Powerful Women". Rendell was born in Delaware, her father was employed as a DuPont executive and she attended Ursuline Academy. She received a Bachelor of Arts degree, cum laude, from the University of Pennsylvania in 1969 and a Juris Doctor from Villanova University School of Law in 1973. Afterward, she practiced as an attorney for 20 years as a partner at the Philadelphia firm of Duane, Morris & Heckscher, where she focused her practice on bankruptcy and commercial litigation, she served as a mediator for the United States District Court. While in private practice, Rendell experienced sexism originating from both cohorts. At times, she was called "honey" by her male colleagues and would hide or downplay the existence of her young son. Rendell was nominated by President Bill Clinton on November 19, 1993, to a seat on the United States District Court for the Eastern District of Pennsylvania vacated by Judge Louis C.
Bechtle. She was confirmed by the United States Senate on February 10, 1994, received commission on February 11, 1994, her service terminated on November 1997, due to elevation to the Third Circuit. Rendell was nominated by President Clinton on January 7, 1997, to a seat on the United States Court of Appeals for the Third Circuit vacated by Judge William D. Hutchinson, she was confirmed by the Senate on September 26, 1997, received commission on September 29, 1997. She assumed senior status on July 1, 2015. In 2008, Rendell served as a part of a three-judge panel that overturned the Federal Communications Commission's indecency fine against CBS related to Justin Timberlake and Janet Jackson's infamous 2004 Super Bowl'wardrobe malfunction'. In 1993, Rendell founded and managed Avenue of the Arts, Inc. whose purpose was to develop Philadelphia's Broad Street into a world-class artistic venue. She serves as one of the members of the board of directors, she is a trustee of the University of Pennsylvania.
She married Ed Rendell, a future Governor of Pennsylvania, in 1971. On January 21, 2003, Judge Rendell administered the oath of office to her husband after he won the gubernatorial election in November 2002. During her husband's campaigns for mayor and governor, Rendell was barred by the federal judicial ethics code from publicly campaigning on his behalf, as well as from taking part in some fundraisers. On February 7, 2011, a joint email from the couple announced, they have Jesse. On September 6, 2016, Ed Rendell announced. In September 2017, Judge Rendell married Arthur Tilson, a senior judge on the Montgomery County, Pennsylvania Court of Common Pleas. Midge Rendell at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center
Monroeville is a borough with home rule status in Allegheny County, United States. Located about 10 miles east of Pittsburgh, Monroeville is a suburb with mixed residential and commercial developments; as of the 2010 census, Monroeville was home to 28,386 people. Named for Joel Monroe, the area's first postmaster, Monroeville was settled in the mid to late 18th century; the area was incorporated as Patton Township in 1849 before becoming the borough of Monroeville on January 25, 1951. Monroeville became a Home Rule Charter Municipality on May 21, 1974. A suburb of Pittsburgh, Monroeville is located at 40°25′52″N 79°45′55″W. According to the United States Census Bureau, the city has a total area of 19.8 square miles, of which 0.05% is water. Monroeville has nine borders, including Plum to the north, Murrysville in Westmoreland County to the east, Penn Township in Westmoreland County to the southeast, Trafford in Westmoreland County to the south, North Versailles and Turtle Creek to the southwest, Wilkins Township to the west, Penn Hills to the northwest.
The borough of Pitcairn is situated inside Monroeville in the south-southwest area. As of the census of 2010 there were 28,386 people in Monroeville; the racial makeup of the city was 79.51% White, 12.58% African American, 6.07% Asian, 0.42% from other races. Hispanic or Latino of any race were 1.41% of the population. Monroeville is one of the most racially diverse places in the Pittsburgh area; as of the census of 2000, there were 29,349 people, 12,376 households, 8,044 families residing in the city. The population density was 1,483.0 people per square mile. There were 13,159 housing units at an average density of 664.9 per square mile. The racial makeup of the city was 85.58% White, 8.29% African American, 0.14% Native American, 4.41% Asian, 0.04% Pacific Islander, 0.30% from other races, 1.23% from two or more races. Hispanic or Latino of any race were 0.77% of the population. There were 12,376 households, out of which 25.8% had children under the age of 18 living with them, 52.7% were married couples living together, 9.7% had a female householder with no husband present, 35.0% were non-families.
30.8% of all households were made up of individuals, 12.1% had someone living alone, 65 years of age or older. The average household size was 2.30 and the average family size was 2.89. In the city the population was spread out, with 20.4% under the age of 18, 6.2% from 18 to 24, 27.4% from 25 to 44, 25.8% from 45 to 64, 20.3% who were 65 years of age or older. The median age was 43 years. For every 100 females there were 88.5 males. For every 100 females age 18 and over, there were 84.8 males. The median income for a household in the borough was $44,653, the median income for a family was $53,474. Males had a median income of $41,100 versus $30,232 for females; the per capita income for the borough was $24,031. About 4.9% of families and 6.6% of the population were below the poverty line, including 9.4% of those under age 18 and 6.1% of those age 65 or over. U. S. Route 22 ran through Monroeville as a substantial business route; when the Parkway East was extended east to connect to the Pennsylvania Turnpike, U.
S. 22 was shifted to that road, the original U. S. 22 stretch of William Penn Highway became Business U. S. 22. Today, U. S. Route 22 runs through the municipality; this highway, along with the Pennsylvania Turnpike, the eastern portion of the Penn-Lincoln Parkway, U. S. Route 22 Business, PA Route 48 intersect, forming the 3rd busiest intersection in the commonwealth. Exit 57 of the Pennsylvania Turnpike is in Monroeville, with its interchange to Interstate 376. U. S. Route 22 has an interchange with PA Route 286, which serves the northeastern part of the municipality. Pittsburgh-Monroeville Airport called Harold W. Brown Memorial Field, is a private airport at 40.452290°N 79.774768°W / 40.452290. The airport has a single paved runway of 2,280 feet. Two bus lines of the Port Authority of Allegheny County offer service to downtown Pittsburgh, the Port Authority has several park-and-ride lots located in Monroeville for bus commuters to Pittsburgh. Passenger rail service by Amtrak's Pennsylvanian passes through once daily in each direction on the Pittsburgh Line, but does not call in Monroeville.
Many freight trains arrive via the same track to Norfolk Southern's Pitcairn Intermodal Terminal which straddles the Monreoville-North Versailles border in the Turtle Creek valley. U. S. Steel's Union Railroad runs along its own track through the Thompson Run valley between Wilkins Township and Monroeville, where it has one of its facilities; the Westmoreland Heritage Trail is a rail-trail that connects cyclists and pedestrians in Monroeville to neighboring Trafford and Murrysville along the right of way where the Turtle Creek Industrial Railroad once ran. Mayor — Nick Gresock Ward 1 Council — Linda Gaydos Ward 2 Council — Eric Poach Ward 3 Council — Ron Harvey Ward 4 Council — Jim Johns Ward 5 Council — Greg Erosenko Ward 6 Council — Steve Duncan Ward 7 Council — Tom Wilson Tax Collector — Pat Fulkerson K-12 students in Monroeville are served by the Gateway School District, a public school district with a student population of 3,800. Higher education is accessible via the Community College of Allegheny County's Boyce Campus and Indiana University of Pennsylvania's satellite facility in Penn Center East.
The Western School of Health and Business - Monroeville is located in Monroeville. Monroeville is home to the Monroeville Mall as well as several office parks, since the 1960s has featured high rise hotels; the Monroeville Convention Center known as the ExpoM
Samuel Anthony Alito Jr. is an Associate Justice of the Supreme Court of the United States. He was nominated by President George W. Bush and has served since January 31, 2006. Raised in Hamilton Township, New Jersey and educated at Princeton University and Yale Law School, Alito served as U. S. Attorney for the District of New Jersey and a judge on the United States Court of Appeals for the Third Circuit before joining the Supreme Court, he is the 110th Justice, the second Italian American, the eleventh Roman Catholic to serve on the court. Alito is considered "one of the most conservative justices on the Court", he has described himself as a "practical originalist." Alito's majority opinions in landmark cases include McDonald v. Chicago, Burwell v. Hobby Lobby, Janus v. AFSCME. Alito was born in Trenton, New Jersey, the son of Samuel A. Alito, Sr. an Italian immigrant, Rose Fradusco, an Italian-American. Alito's father, now deceased, earned a masters degree at Rutgers University and was a high school teacher and the first Director of the New Jersey Office of Legislative Services, a state government position he held from 1952 to 1984.
Alito's mother is a retired schoolteacher. Alito grew up in New Jersey, a suburb of Trenton, he graduated from Steinert High School in Hamilton Township as the class valedictorian, graduated summa cum laude from Princeton University's Woodrow Wilson School of Public and International Affairs in 1972 before attending Yale Law School, where he served as an editor on the Yale Law Journal and earned a Juris Doctor in 1975. At Princeton, Alito chaired a student conference in 1971 called "The Boundaries of Privacy in American Society" which, among other things, supported curbs on domestic intelligence gathering and anticipated the need for a statute and a court to oversee national security surveillance; the conference report itself called for the decriminalization of sodomy, urged for an end to discrimination against gays in hiring by employers. "Though Alito's name is attached to the chair's report, it remains unclear to what extent the report represented his personal opinions. Alumni, who served as'commissioners' for the junior conference Alito chaired, offered conflicting information on how best to interpret the report."
Alito led the American Whig-Cliosophic Society's Debate Panel during his time at Princeton. He avoided Princeton's eating clubs. While a sophomore at Princeton, Alito received a low lottery number, 32, in the Selective Service drawing on December 1, 1969. In 1970, he became a member of the school's Army ROTC program, attending a six-week basic training camp that year at Fort Knox, Kentucky. Alito was a member of the Concerned Alumni of Princeton, formed in October 1972 at least in part to oppose Princeton's decisions regarding admitting women. Apart from Alito's written 1985 statement of membership of CAP on a job application, which he says was truthful, there is no other documentation of Alito's involvement with or contributions to the group. Alito has cited the banning and subsequent treatment of ROTC by the university as his reason for belonging to CAP. At Princeton, Alito was "almost alone" in his familiarity with the writings of John Marshall Harlan II and was much influenced by the course on constitutional interpretation taught by Walter F. Murphy his faculty adviser.
During his senior year at Princeton, Alito moved out of New Jersey for the first time to study in Italy, where he wrote his thesis on the Italian legal system. Graduating in 1972, Alito left a sign of his lofty aspirations in his yearbook, which said that he hoped to "eventually warm a seat on the Supreme Court". After graduating from Princeton, Alito was commissioned as a second lieutenant in the U. S. Army Signal assigned to the United States Army Reserve. At Yale, Alito was a classmate of future-Dean Anthony T. Kronman and one year behind future Justice Clarence Thomas. Following his graduation from Yale Law School, Alito served on active duty from September to December 1975; the remainder of his time in the Army was served in the inactive Reserves. He was a captain when he received an honorable discharge in 1980. After graduating from Yale Law School in 1975, where he was an editor of the Yale Law Journal, Alito clerked for Third Circuit appeals judge Leonard I. Garth in Newark, New Jersey in 1976 and 1977.
He was not hired. Between 1977 and 1981, Alito was District of New Jersey. There he served under U. S. Attorney, now Federal Circuit Judge, Maryanne Trump Barry. While an Assistant U. S. Attorney for New Jersey, he prosecuted many cases involving organized crime. From 1981 to 1985, Alito was Assistant to U. S. Solicitor General Rex E. Lee. In that capacity he argued 12 cases before the Supreme Court for the federal government. In Thornburgh v. American College of Obstetricians & Gynecologists, the Supreme Court ruled against Charles Fried after he rejected a memo by Alito urging the Solicitor General to avoid directly attacking the constitutional right to an abortion. Alito lost only two of the cases. From 1985 to 1987, Alito was Deputy Assistant Attorney General under Charles J. Cooper in the Office of Legal Counsel during the tenure of Attorney General Edwin Meese. John F. Manning worked under Alito there. Between 1986 and 1987, Alito authored nearly 470 pages of memorandums, in which he argued for expanding his client's law enforcement and personnel authorities.
In his 1985 application for Deputy Assistant Attorney General, Alito espoused conservative views, naming William F. Buckley, J
National Firearms Act
The National Firearms Act, 73rd Congress, Sess. 2, ch. 757, 48 Stat. 1236, enacted on June 26, 1934 codified as amended as I. R. C. Ch. 53, is an Act of Congress in the United States that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The Act was passed shortly after the repeal of Prohibition; the NFA is referred to as Title II of the Federal firearms laws. The Gun Control Act of 1968 is Title I. All transfers of ownership of registered NFA firearms must be done through the National Firearms Registration and Transfer Record; the NFA requires that the permanent transport of NFA firearms across state lines by the owner must be reported to the Bureau of Alcohol, Tobacco and Explosives. Temporary transports of some items, most notably suppressors, do not need to be reported; the impetus for the National Firearms Act of 1934 was the gangland crime of the Prohibition era, such as the St. Valentine's Day Massacre of 1929, the attempted assassination of President Franklin D. Roosevelt in 1933.
Like the current National Firearms Act, the 1934 Act required NFA firearms to be registered and taxed. The $200 tax was quite prohibitive at the time. With a few exceptions, the tax amount is unchanged. Pistols and revolvers were to be regulated as as machine guns. Conventional pistols and revolvers were excluded from the Act before passage, but other concealable weapons were not. Regarding the definition of "firearm," the language of the statute as enacted was as follows: The term "firearm" means a shotgun or rifle having a barrel of less than eighteen inches in length, or any other weapon, except a pistol or revolver, from which a shot is discharged by an explosive if such weapon is capable of being concealed on the person, or a machine gun, includes a muffler or silencer for any firearm whether or not such firearm is included within the foregoing definition. Under the original Act, NFA weapons were machine guns, short-barreled rifles, short-barreled shotguns, any other weapons, silencers for any type of NFA or non-NFA weapon.
Minimum barrel length was soon amended to 16 inches for rimfire rifles and by 1960 had been amended to 16 inches for centerfire rifles as well. The United States Supreme Court, in 1968, decided the case of Haynes v. United States in favor of the defendant, which gutted the National Act of 1934; as one could possess an NFA firearm and choose not to register it, not face prosecution due to Fifth Amendment protections, the Act was unenforceable. To deal with this, Congress rewrote the Act to make registration of existing weapons impossible except by the government. In addition to fixing the defect identified in Haynes, the revision tightened definitions of the firearms regulated by the Act and incorporated a new category of firearm, the Destructive Device, first regulated in the Omnibus Crime Control and Safe Streets Act of 1968. NFA categories have been modified by laws passed by Congress, rulings by the Department of the Treasury, regulations promulgated by the enforcement agency assigned, known as the Bureau of Alcohol, Tobacco and Explosives or ATF.
The National Firearms Act of 1934 defines a number of categories of regulated firearms. These weapons are collectively known as NFA firearms and include the following: Machine guns This includes any firearm which can fire without manual reloading, "by a single function of the trigger." Both continuous automatic fire and "burst fire" are considered machine gun features. The weapon's receiver is by itself considered to be a regulated firearm. A non-machine gun that may be converted to fire more than one shot per trigger pull by ordinary mechanical skills is determined to be "readily convertible", classed as a machine gun, such as a KG-9 pistol. Short-barreled rifles This category includes any firearm with a buttstock and either a rifled barrel less than 16" long or an overall length under 26"; the overall length is measured with collapsing stocks in the extended position. The category includes firearms which came from the factory with a buttstock, removed by a third party. Short barreled shotguns This category is defined to SBRs, but with either a smoothbore barrel less than 18" long or a minimum overall length under 26".
Suppressors The legal term for a suppressor is silencer. This category includes any portable device designed to muffle or disguise the report of a portable firearm; this category does not include non-portable devices, such as sound traps used by gunsmiths in their shops which are large and bolted to the floor. Destructive Devices There are two broad classes of destructive devices: Firearms meeting the definition of "any other weapon", or AOW, are weapons or devices that can be concealed on the person and from which a shot can be discharged by the energy of an explosive. Many AOWs are disguised devices such as pens, cigarette lighters, cane guns, umbrella guns. AOWs can be pistols and revolvers with smooth bore barrels designed or redesigned to fire a fixed shotgun shell. While the above weapons are similar in appearance to weapons made from shotguns, they were manufactured in the describ
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, 1791 as part of the Bill of Rights. In the 2008 Heller decision, the Supreme Court affirmed for the first time that the right belongs to individuals for self-defense in the home, while including, as dicta, that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons." State and local governments are limited to the same extent as the federal government from infringing this right. The Second Amendment was based on the right to keep and bear arms in English common law and was influenced by the English Bill of Rights of 1689. Sir William Blackstone described this right as an auxiliary right, supporting the natural rights of self-defense and resistance to oppression, the civic duty to act in concert in defense of the state.
While both James Monroe and John Adams supported the Constitution being ratified, its most influential framer was James Madison. In Federalist No. 46, Madison wrote how a federal army could be kept in check by state militias, "a standing army... would be opposed a militia." He argued that state militias "would be able to repel the danger" of a federal army, "It may well be doubted, whether a militia thus circumstanced could be conquered by such a proportion of regular troops." He contrasted the federal government of the United States to the European kingdoms, which he described as "afraid to trust the people with arms," and assured that "the existence of subordinate governments... forms a barrier against the enterprises of ambition". By January 1788, Pennsylvania, New Jersey and Connecticut ratified the Constitution without insisting upon amendments. Several amendments were not adopted at the time the Constitution was ratified. For example, the Pennsylvania convention debated fifteen amendments, one of which concerned the right of the people to be armed, another with the militia.
The Massachusetts convention ratified the Constitution with an attached list of proposed amendments. In the end, the ratification convention was so evenly divided between those for and against the Constitution that the federalists agreed to the Bill of Rights to assure ratification. In United States v. Cruikshank, the Supreme Court ruled that, "The right to bear arms is not granted by the Constitution; the Second Amendments means no more than that it shall not be infringed by Congress, has no other effect than to restrict the powers of the National Government." In United States v. Miller, the Supreme Court ruled that the Second Amendment did not protect weapon types not having a "reasonable relationship to the preservation or efficiency of a well regulated militia."In the twenty-first century, the amendment has been subjected to renewed academic inquiry and judicial interest. In District of Columbia v. Heller, the Supreme Court handed down a landmark decision that held the amendment protects an individual's right to keep a gun for self-defense.
This was the first time the Court had ruled that the Second Amendment guarantees an individual's right to own a gun. In McDonald v. Chicago, the Court clarified that the Due Process Clause of the Fourteenth Amendment incorporated the Second Amendment against state and local governments. In Caetano v. Massachusetts, the Supreme Court reiterated its earlier rulings that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms those that were not in existence at the time of the founding" and that its protection is not limited to "only those weapons useful in warfare." The debate between various organizations regarding gun control and gun rights continues. There are several versions of the text of the Second Amendment, each with capitalization or punctuation differences. Differences exist between the drafted and ratified copies, the signed copies on display, various published transcriptions; the importance of these differences has been a source of debate regarding the meaning and interpretation of the amendment regarding the importance of the prefatory clause.
One version was passed by the Congress, a different version was ratified. As passed by the Congress and preserved in the National Archives, with the rest of the original handwritten copy of the Bill of Rights prepared by scribe William Lambert, the amendment says: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed; the amendment was ratified by the States and authenticated by Secretary of State Thomas Jefferson as: A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The right to bear arms in English history is regarded in English law as a subordinate auxiliary right of the primary rights to personal security, personal liberty, private property. According to Sir William Blackstone, "The... last auxiliary right of the subject... is that of having arms for their, suitable to their condition and degree, such as are allowed by law.
Which is... declared by... statute, is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression."The English Bill of Rights of 1689 emerged from a tempestuous period in English politi
A machine gun is a automatic mounted or portable firearm designed to fire rifle cartridges in rapid succession from an ammunition belt or magazine for the purpose of suppressive fire. Not all automatic firearms are machine guns. Submachine guns, assault rifles, battle rifles, pistols or cannons may be capable of automatic fire, but are not designed for sustained fire; as a class of military rapid-fire guns, machine guns are automatic weapons designed to be used as support weapons and used when attached to a mount- or fired from the ground on a bipod or tripod. Many machine guns use belt feeding and open bolt operation, features not found on rifles. In the U. S. A, a "machine gun" is a legal term for any weapon able to fire more than one shot per function of the trigger regardless of caliber, the receiver of any such weapon, any weapon convertible to such a state using normal tools, or any component or part that will modify an existing firearm such that it functions as a "machine gun" such as a drop-in auto sear.
Civilian possession of such weapons manufactured prior to 1986 is not prohibited by any federal law and not illegal in many states, but they must be registered as Title II weapons under the National Firearms Act and have a tax stamp paid. Machine guns manufactured after 1986 are prohibited by the Hughes Amendment to the Gun Owners Protection Act. Unlike semi-automatic firearms, which require one trigger pull per round fired, a machine gun is designed to fire for as long as the trigger is held down. Nowadays the term is restricted to heavy weapons, able to provide continuous or frequent bursts of automatic fire for as long as ammunition lasts. Machine guns are used against personnel and light vehicles, or to provide suppressive fire, either directly or indirectly, they are mounted on fast attack vehicles such as technicals to provide heavy mobile firepower, armored vehicles such as tanks for engaging targets too small to justify use of the primary weaponry or too fast to engage with it, on aircraft as defensive armament or for strafing ground targets, though on fighter aircraft true machine guns have been supplanted by large-caliber rotary guns.
Some machine guns have in practice sustained fire continuously for hours. Because they become hot all machine guns fire from an open bolt, to permit air cooling from the breech between bursts, they usually have either a barrel cooling system, slow-heating heavyweight barrel, or removable barrels which allow a hot barrel to be replaced. Although subdivided into "light", "medium", "heavy" or "general-purpose" the lightest machine guns tend to be larger and heavier than standard infantry arms. Medium and heavy machine guns are either mounted on a vehicle. Light machine guns are designed to provide mobile fire support to a squad and are air-cooled weapons fitted with a box magazine or drum and a bipod. Medium machine guns use full-sized rifle rounds and are designed to be used from fixed positions mounted on a tripod. Heavy machine gun is a term originating in World War I to describe heavyweight medium machine guns and persisted into World War II with Japanese Hotchkiss M1914 clones. A general-purpose machine gun is a lightweight medium machine gun which can either be used with a bipod and drum in the light machine gun role or a tripod and belt feed in the medium machine gun role.
Machine guns have simple iron sights, though the use of optics is becoming more common. A common aiming system for direct fire is to alternate solid rounds and tracer ammunition rounds, so shooters can see the trajectory and "walk" the fire into the target, direct the fire of other soldiers. Many heavy machine guns, such as the Browning M2.50 caliber machine gun, are accurate enough to engage targets at great distances. During the Vietnam War, Carlos Hathcock set the record for a long-distance shot at 7,382 ft with a.50 caliber heavy machine gun he had equipped with a telescopic sight. This led to the introduction of.50 caliber anti-materiel sniper rifles, such as the Barrett M82. Other automatic weapons are subdivided into several categories based on the size of the bullet used, whether the cartridge is fired from a closed bolt or an open bolt, whether the action used is locked or is some form of blowback. Automatic firearms using pistol-calibre ammunition are called machine pistols or submachine guns on the basis of size.
The term personal defense weapon is sometimes applied to weapons firing dedicated armor-piercing rounds which would otherwise be regarded as machine pistols or SMGs, but it is not strongly defined and has been used to describe a range of weapons from ordinary SMGs to compact assault rifles. Selective fire rifles firing a full-power rifle cartridge from a closed bolt are called automatic rifles or battle rifles, while rifles that fire an intermediate cartridge are called assault rifles. Assault rifles are a compromise between the size and weight of a pistol-calibre submachine gun and a full size battle rifle, firing intermediate cartridges and allowing semi-automatic and burst or full-automatic fire options
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified in 1791 as part of the Bill of Rights; the Fifth Amendment applies to every level of the government, including the federal and local levels, as well as any corporation, private enterprise, group, or individual, or any foreign government in regards to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense; the self-incrimination clause provides various protections against self-incrimination, including the right of an individual to not serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a colloquial term used to invoke the self-incrimination clause when witnesses decline to answer questions where the answers might incriminate them.
In the 1966 case of Miranda v. Arizona, the Supreme Court held that the self-incrimination clause requires the police to issue a Miranda warning to criminal suspects interrogated while under police custody; the Fifth Amendment contains the Takings Clause, which allows the federal government to take private property for public use if the government provides "just compensation." Like the Fourteenth Amendment, the Fifth Amendment includes a due process clause stating that no person shall "be deprived of life, liberty, or property, without due process of law." The Fifth Amendment's due process clause applies to the federal government, while the Fourteenth Amendment's due process clause applies to state governments. The Supreme Court has interpreted the Fifth Amendment's Due Process Clause as providing two main protections: procedural due process, which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, substantive due process, which protects certain fundamental rights from government interference.
The Supreme Court has held that the Due Process Clause contains a prohibition against vague laws and an implied equal protection requirement similar to the Fourteenth Amendment's Equal Protection Clause. The amendment as proposed by Congress in 1789 reads as follows: 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. On June 8, 1789, Congressman James Madison introduced several proposed constitutional amendments during a speech to the House of Representatives, his draft language that became the Fifth Amendment was as follows:No person shall be subject, except in cases of impeachment, to more than one punishment or trial for the same offense. This draft was edited by Congress. After approval by Congress, the amendment was ratified by the states on December 15, 1791 as part of the Bill of Rights.
Every one of the five clauses in the final amendment appeared in Madison's draft, in their final order those clauses are the Grand Jury Clause, the Double Jeopardy Clause, the Self Incrimination Clause, the Due Process Clause, the Takings Clause. The grand jury is a pre-constitutional common law institution, a constitutional fixture in its own right embracing common law; the process applies to the states to the extent that the states have incorporated grand juries and/or common law. Most states have an alternative civil process. "Although state systems of criminal procedure differ among themselves, the grand jury is guaranteed by many state constitutions and plays an important role in fair and effective law enforcement in the overwhelming majority of the States." Branzburg v. Hayes 1972. Grand juries, which return indictments in many criminal cases, are composed of a jury of peers and operate in closed deliberation proceedings. Many constitutional restrictions that apply in court or in other situations do not apply during grand jury proceedings.
For example, the exclusionary rule does not apply to certain evidence presented to a grand jury. An individual does not have the right to have an attorney present in the grand jury room during hearings. An individual would have such a right during questioning by the police while in custody, but an individual testifying before a grand jury is free to le