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The 5th AmendmentThe 5th Amendment is better known to most Americans than the other amendments in the Bill of Rights because of the familiar phrase "I plead the fifth," often used as a defense in criminal trials. The 5th Amendment also guarantees Americans the right to trial by Grand Jury for certain crimes, the right not to be tried or punished more than once for the same crime, the right to be tried only with due process of law and the right to be paid fair compensation for any property taken by the government for public use. The Fifth Amendment reads like this: "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."
This Amendment is made up of 5 specific parts containing 6 different clauses. You can read a little about each part below and click on the link for more information about each one. 5th Amendment - The Grand Jury ClauseThe 5th Amendment opens with the Grand Jury Clause. It reads like this,
"No person
shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a Grand Jury." The Grand Jury Clause guarantees that Americans cannot be charged with serious federal crimes unless with an indictment by a grand jury. This is generally considered to be a protection from corrupt government officials who might try to prosecute people unfairly, because a group of fellow citizens is required to look over the evidence first. Many people believe that the way grand juries are used today are inherently unfair to the suspect and unconstitutional. They think the protections intended by the Founding Fathers in writing this clause have been nearly lost and they lay the blame at the foot of the Supreme Court. You can learn more about the Grand Jury Clause here. 5th Amendment - The Grand Jury Exception ClauseThe Grand Jury Clause guarantees the right to have serious federal criminal charges reviewed by a grand jury to all Americans except military personnel. The Grand Jury Exception Clause reads like this, in bold:"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." Why did the First Congress leave the military out of this guarantee? The simplest answer is that they did not want the judiciary meddling at all with control of the military. The Constitution strictly gives authority to regulate the military to the Congress. Find out more about the Grand Jury Exception Clause here. 5th Amendment - Double Jeopardy ClauseThe 5th Amendment's Double Jeopardy Clause guarantees that Americans cannot be tried twice or punished twice for the same crime. The Double Jeopardy Clause reads like this:"nor shall any
person be subject for the same offence to be twice put in jeopardy of life or
limb."
Modern courts apply this to all cases in which a defendant could be punished, not just in cases where the defendant's life is in jeopardy. There are some cases in which a case can be retried, such as if the first case was found to have been fraudulent in some way. You can read more about the Double Jeopardy Clause here. 5th Amendment - Self-Incrimination ClauseHave you ever heard the phrases "pleading the fifth" or "You have the right to remain silent. Anything you say can and will be used against you in a court of law?" If you have, you probably know that these phrases are based on the 5th Amendment's Self-Incrimination Clause, which guarantees that you do not have to testify against yourself in criminal proceedings.At one time in English history, people could be tortured for not confessing to crimes they were accused of. English citizens began to claim that they had a God given right not to testify under such circumstances. This became the basis for what we know as the right to refrain from testifying against oneself, which was formalized by America's Founding Fathers as the 5th Amendment's Self-Incrimination Clause. The Self-Incrimination Clause reads like this: "No person... shall be compelled
in any criminal case to be a witness against himself."
You can read more about the Self-Incrimination Clause here. 5th Amendment - Due Process ClauseThe 5th Amendment Due Process Clause guarantees that the government cannot take your "life, liberty, or property" without following a "due" process. The Due Process Clause reads like this:"No person
shall... be deprived of life, liberty, or property, without
due process of law."
But what does "life, liberty, or property" mean? Some people think they refer to the generally understood meanings of these terms. Others interpret them very broadly to find all kinds of "rights" that are not listed in the Constitution or anywhere else in the Founding Fathers' writings. Due process also means that the government must obey written laws whenever it deals with people. Officials cannot make up their own rules on a whim. You must be treated fairly and be informed of the issues at stake any time the government deals with you in a criminal or administrative matter. Through its interpretation of the Due Process Clauses, both of the 5th and 14th Amendments, the Supreme Court has gained an enormous amount of power in Americans' daily lives. It has also wrested much power away from the both the state legislatures and the Congress. You can read more about the Due Process Clause here. 5th Amendment - Eminent Domain ClauseThe Eminent Domain Clause promises that if the government ever needs to take your property for a public use, such as building a highway, that it must pay you a reasonable amount for the property. The Eminent Domain Clause reads like this:"...nor shall
private property be taken for public use,
without just compensation."
In modern times, the Supreme Court has even extended this right to compensation if a government activity has somehow damaged your property or lowered its property value. For example, if an airport was built next to your house and the loud noise caused the property value to plummet. A recent Supreme Court Eminent Domain Clause case was very controversial because it allowed a local city to confiscate homes in good condition for an economic development project. The city wanted to give the properties to another private developer. The Court ruled this was OK because the economic development would benefit the public. What do you think? You can read more about the Eminent Domain Clause here. Thanks for reading about the 5th Amendment with Revolutionary War and Beyond! If you would like to read about the meanings of each amendment, go to the First Ten Amendments page here. Amendments:Preamble to the Bill of RightsLearn about the 1st Amendment here. Learn about the 2nd Amendment here. Learn about the 3rd Amendment here. Learn about the 4th Amendment here. Learn about the 5th Amendment here. Learn about the 6th Amendment here. Learn about the 7th Amendment here. Learn about the 8th Amendment here. Learn about the 9th Amendment here. Learn about the 10th Amendment here. Read the Bill of Rights here. Return to Top of 5th Amendment Return to First Ten Amendments History of the Bill of Rights Main Bill of Rights page Revolutionary War and Beyond Home |
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