SSN Policy Manual

Policy Manual

The Fifth Amendment of the Constitution of the United States protects you as well, stating: Amendment V 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 be 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. The fifth amendment seems to apply only to criminal matters, but the Supreme Court ruled in McCarthy v. Arndstein, 266 US. 34, that the fifth amendment "applies alike to criminal and civil proceedings." Similar rulings have stated: "There can be no question that one who files a return under oath is a witness within the meaning of the Amendment. Sullivan v. United States 15 F. 2nd 809, and "The information revealed in the preparation and filing of an income tax return is, for Fifth Amendment analysis, the testimony of a "witness" as that term is used herein." Gamer v. United States, 424 us. 648. Thus, based on the constitutional issues presented above, the word shall must have the permissive construction may, because the mandatory construction would violate the Constitution; the supreme law of the land. The effect of the government's actions has been noted by the Supreme Court: "Because of what appears to be a lawful command on the surface, many citizens, because of their respect for what only appears to be law, are cunningly coerced into waving their rights due to ignorance" U.S. v. Minker 350 US. 179, at 187. The Meaning of the Word "include" Another key word in many statutes is the word include. This is another word with a double meaning. The general population uses this word to infer that there is an additional element to our subject matter. For example, the statement "The flight of the chicken includes, among other things a rather haphazard landing" leads you to believe that besides uneventful airtime, and an interesting landing, there is more to the total process of a chicken flying. Our thought process does not exclude other happenings and seeks no closure to the subject. However, the legal definition of the word includes describes the word as one of limitation. Black's Law Dictionary defines the meaning of the word include as: Include. To confine within, hold as in an enclosure, take in, attain, shut up, contain, inclose, comprise, comprehend embrace, involve. The term include, includes, or including, appears in many places within the Code. It is sometimes preceded or followed within a few words by another tricky double-talk word: shall.