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By: the weird, quietish people

Amendment Overview

Grand Jury Clause-guarantees trial by jury for federal crimes Grand Jury Exception Clause-military cases do not need to be in front of a jury Double Jeopardy Clause-once a person is tried and punished for a crime, they cannot be tried again for that same exact crime that they were charged with Self-incrimination Clause-in a criminal case the defendant has the right to not take the witness stand or testify against their self Due Process Clause-a person cannot be ridden of their property, life or liberty with out a trial, being informed of whats against them and being treated fairly by the officials you are dealing with Eminent Domain Clause-property cannot be taken without compensation for it, including if the government does something to potentially harm that property Ratified: December 15, 1791 The amendment had been proposed by New York and was rewritten by James Madison and then accepted exactly how he'd written it by Congress

Historical Content

The Constitution had been signed a few years before this was ratified with the promise of the bill of rights, and it was based off the common law in the Magna Carta that the framers decided to add the amendment and because at the time the rights of the people who were facing charges for felonies were not specifically stated No one was really against this amendment After it was past people felt safer against unfair judicial treatment The majority of the public favored this amendment because of the fact that it helped them know their rights would be protected

Political Content

The Anti-Federalists were extremely in favor of this amendment because it protected rights that they had feared the Constitution was going to possibly take away The policy was implicated by the courts who followed the amendment There wasnt any challenges with this amendment other than Madison having to combine and reword the similar amendments proposed by the different states, which was worth it for his rewording was accepted as is

Modern Issues

Todays debate over the amendment is whether or not we should allow illegal immigrants or people accused of terrorism or known for committing an act of terrorism should be allowed the rights stated in the fifth amendment In Johnson vs. Eisentrager, it was decided that captured enemy soldiers are not able to challenge their treatment in court The14th amendment was proposed to further this amendment to the states Anti-terrorist groups and groups for fair court rights supported this amendment

Amendment Overview Amendment Overview


People cannot be forced to tend to soldiers in their house during times of peace or war without approval of the owner Ratified: December 15, 1791 James Madison proposed the amendment

Historical Content

Since the end of the French and Indian War, British troops had been forced upon the colonies and the people were tired of it, especially since the defeat of the British in the American Revolution The social issue was that the citizens did not want to deal with any government troops any longer It was no longer legal after this for troops to be forced upon the citizens All the citizens supported this so that theyd no longer have to fear quartering the troops

Political Content

Most politicians had supported this amendment at the time Congress had been in charge of ensuring no troops get forced upon the citizens There was no argument amongst Congress on this issue

Modern Issues

There hasnt really been a current debate about this issue Engblom vs. Carey, prison guards had been evicted during a strike from their homes and National Guard members serving as temporary guards had been placed in the homes and it was challenged an decided that prison guards 3rd amendment rights had been violated The 14th amendment was proposed which would then apply this amendment to the states The citizens who had been forced to quart troops were in support of the amendment NAQA (National Anti- Quartering Association) supports this amendment today

Works cited

http://www.usconstitution.net/xconst_Am5.html http://criminal.findlaw.com/crimes/criminal_rights/self_incrimination/?DC MP=KNC-Fifth-Amendment&HBX_PK=5th+amendment&HBX_OU=50 http://www.revolutionary-war-and-beyond.com/5th-amendment.html http://www.revolutionary-war-and-beyond.com/due-process-clause5th.html

http://www.revolutionary-war-and-beyond.com/fifth-amendmentcourt-cases-grand-jury-exception-clause.html http://polisci210jmf.blogspot.com/2010/10/thirdamendment.html http://www.revolutionary-war-and-beyond.com/thirdamendment.html