So we all know that the Constitution is a big joke. First of all, who cares what the founders wanted? Why is that so important to people like Scalia? They didn't have computers, nukes, or other kick ass things back then! Stop comparing the times. Secondly, if anyone thinks we have the rights guaranteed (even using a strict constructionist view) you don't read the news.
From the Aliens and Seditions Act to the Patriot Act, our government loves to take away the rights of its citizens it so graciously gave us in the first place (that's assuming you are a white land holding male for you strict constructionists out there - everyone else has no rights). Anyway, one of our amendments deals with a concept called Double Jeopardy. Essentially, you can't be tried twice for the same thing. That is unless by some oddity you were found not-guilty but (wink wink) we all know you were really guilty. Such was the case for OJ, such is the case for that little rascals guy.
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