The Fifth Amendment to the Constitution of the United States was used by Oswald Danes as a legal justification for why he could not be re-executed following the events of Miracle Day. He claimed that the Fifth Amendment's guarantee that ". . . nor shall any person be subject for the same offence twice", in concert with the Eighth Amendment's protection against "cruel or unusual punishment" offered him a superior legal position from which he could viciously sue the Governor of Kentucky. (TV: The New World)