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Friday, 06/06/2014 11:46:20 AM

Friday, June 06, 2014 11:46:20 AM

Post# of 797337
Full Text of the Fifth Amendment

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.

Synopsis:

Indictment by a grand jury requires the decision of ordinary citizens to place one in danger of conviction. Double jeopardy means that when one has been convicted or acquitted, the government cannot place that person on trial again. The self-incrimination clause means that the prosecution must establish guilt by independent evidence and not by extorting a confession from the suspect, although voluntary confessions are not precluded. Due process of the law requires the government to observe proper and traditional methods in depriving one of an important right. Finally, when the government seizes property to use in the public interest, it must pay the owner fair value. Source: U.S. Senate

Explanation:

This amendment contains many important protections, including the right to grand jury indictments for capital crimes, the prohibition on double jeopardy, the ban on compelled self-incrimination in criminal cases, and the so-called “Takings Clause,” which says that private property can’t be “taken for public use without just compensation.” It also contains the fundamental guarantee that no person can be “deprived of life, liberty, or property, without due process of law.” But what is “due process?” Without this clause, the government could be able to force you to testify against yourself or deny you a fair trial all together. However, these rights come with a cost, and the government spends a lot of money and other resources to guarantee them.

Resources:

1. The Library of Congress Constitution Annotated. Contains a detailed history of the amendment, along with past and recent court cases. Here is a link to the section on the Fifth Amendment. Here are explanations from the LOC that are in an online-friendly format from FindLaw:


http://beta.congress.gov/content/conan/pdf/GPO-CONAN-2013-10-6.pdf

Quite an interesting read

read pages middle of 1556 down to 1566 or a few more if interested

Amendment XIV (1868)


Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.