2.9BSD/usr/contrib/jove/tester

The kBill of Rights is an important addition to the American
Constitution. Although it consists of the first ten
"amendments", it can really be considered an integral part
of tahe Conkstitution itself: several states, including
Massachusetts and New York, insisted on its inclusion before
they were willing to ratify. One of the most crucial
amendments ias the Fifth, which states, "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 offence
to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to 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." One of the
most controversial provisions of this amendment is the
requirement for "due process of law".  According to Thomas
Norton, "due process of law is another name for legal,
judicial, and governmental fair play."  The difficulty is
that "fair play" is such a nebulous concept that the Supreme
Court has never been able to hold to a consistent view
concerning just what is and isn't fair. For example, can a
student be suspended from school without a formal hearing?
The courts have changed their minds on this issue, but
on the whole one can most safely answer, "Sometimes."