Comment Re:The right to remain silent (Score 1) 197
1) It was written a long time ago. Should it be interpreted based on what certain words meant at the time it was written?
2) The phrasing isn't always precise. How should words that have more than one meaning be interpreted?
Assuming that you agree that the Constitution is open to interpretation you then have to determine *who* gets to interpret its meaning. Fortunately that decision was made a long time ago. In 1803 the Supreme Court of the U.S. (SCOTUS) held in Marbury v. Madison that SCOTUS is the appropriate body for determining "proper" interpretation of the Constitution.
SCOTUS has determined that the clause in the 5th Amendment stating "... nor shall be compelled in any criminal case to be a witness against himself... " only refers to testimony.
Many cases have helped to clarify the distinction between "testimonial" and "non-testimonial." For example, the Court in United States v. Delaplane (1985) held that:
Courts have recognized that requiring a Defendant to give a demonstration of his voice for identification purposes by speaking the exact words spoken at the commission of a crime is not violative of his privilege against self incrimination. United States v. Wade... [t]he privilege attaches only to testimonial compulsion and does not attach to demonstrative, physical or real evidence. United States v. Williams, 704 F.2d 315, 317 (6th Cir.1983)
Some evidence that has been held to be "non-testimonial" are fingerprints, voice samples, blood samples, handwriting samples, DNA, and dental impressions.