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Yesterday I tried to suggest, that in doing Constitutional Law, we must think about the founding vision and also about how that founding vision may have been modified by a reconstruction vision. Yesterday's application of this approach involved freedom of expression and religious liberty. Today I would like to focus on a different application-double jeopardy. The double jeopardy clause of the Fifth Amendment provides that "[n]o person shall ... be subject for the same offence to be twice put in jeopardy of life or limb."

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