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Fifth Amendment

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The Fifth Amendment to the United States Constitution reads:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on 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 offense 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

Parsing the Fifth Amendment[edit]

  • Grand Jury (for capital crimes, consisting of 16-23 members)
  • No Double Jeopardy (being tried twice for the same crime)
  • Right to Silence (freedom from self-incrimination)
  • Due Process (no arbitrary punishment without a fair trial)
  • Just compensation (for land seized by the government for eminent domain purposes)
U.S. Constitution articles on RationalWiki
Preamble • Articles: 1 - 2 - 3 - 4 - 5 - 6 - 7

Bill of Rights: I II III IV V VI VII VIII IX X - Further amendments: XI XII XIII XIV XV XVI XVII XVIII XIX XX XXI XXII XXIII XXIV XXV XXVI XXVII

Pending: Congressional Apportionment - Titles of Nobility - Corwin - Child Labor - Failed: Equal Rights - D.C. Voting Rights


Related topics

Interpretation: Originalism - Textualism - Responsive interpretation Modes of review: Rational basis - Intermediate scrutiny - Strict scrutiny
Other stuff: Articles of Confederation - Establishment Clause - Gun control