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Pros And Cons Of The Fifth Amendment

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What is “pleading the fifth?” The Fifth Amendment encompasses most of the protections against the United States government’s abuse of power. Many people do not realize that the Fifth Amendment is more than what is shown on television. The five main clauses of the Fifth Amendment provide many rights to citizens who have been accused of crimes.
In 1789, James Madison wrote the Fifth Amendment along with nine other amendments, which would become the Bill of Rights (Thomson). James Madison was a lawyer who would later become the fourth president of the United States. Congress proposed these amendments to the states and the Fifth Amendment was ratified on December 15, 1791. America had recently won the Revolutionary War and was trying to operate under the terms listed in the Articles of Confederation. This proved to be difficult because the Articles of Confederation provided little power for the federal government. A few years later, leaders adopted the U.S. Constitution as a way to provide a strong central government to provide stability to the new country. Unlike many other amendments, there wasn’t opposition to the Fifth Amendment.
If a man were to be arrested, would this person be able to see a grand jury? The first clause to the Fifth Amendment discusses when a grand jury may be used. Unless a citizen has committed a federal crime, it is …show more content…

The government has the power to take a person’s property if it could benefit the community. There are many procedures that the Fifth Amendment has placed on the government to put limits on eminent domain. These measures are taken so that the government does not become overly powerful. While the Fifth Amendment was created to ensure that all citizens are treated fairly, there have been several court cases that have brought questions to how much power the Fifth Amendment

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Second is to prevent the government from using the resources to convict innocent people. Double Jeopardy only protects individuals when they are being prosecuted for the same crime. In the Fifth Amendment it explains that double jeopardy is, “No person shall, be subject for the same offense to be twice put in jeopardy of life or limb. Double jeopardy has been

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1237 Words | 5 Pages

Question Presented: Whether President Doe’s executive order, on the newly annexed island to Florida, violates any Constitutional Amendments, which should be granted to the occupiers of said island under the Constitution of the United States of America. Brief Answer: Yes, President Doe’s executive order, with its 13 provisions, violated the Constitutional Amendments granted to the occupiers of the newly annexed island to Florida.

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662 Words | 3 Pages

"To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." (Article I, Section 8, Clause 18). The Constitution is by far the most important document in our country's history. It provides rules and restrictions for the government and the power it can hold. It ensures the stability for our country’s survival.

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The Constitution of the United States was written in 1787, but there was a grapple for its ratification that went on until about two decades after the ratification. Members of Congress believed that the first government of the United States or the Articles of Confederation, needed to be adjusted while others did not want anything to change. After the Revolutionary War, the people did not want a strong central government, because it reminded them too much of what they were trying to escape from. Under the Articles, each state had their own laws, and the need for a new Constitution was desired by many. The Constitution of 1787 created huge debates, arguments and splits in the nation that lasted for several year after its ratification between people who

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Arizona case stated that a criminal suspect must make a knowing, intelligent, and voluntary decision to waive certain constitutional rights prior to questioning (Ortmeier, 2006). These constitution rights consisted of their right to remain silent; to be given an explanation on how anything they say can be used against them; their right to an attorney; and their right to have an attorney appointed to represent them if they cannot afford one. Additionally, Metgzar (2010) indicated without rights advisory, anything admitted by a subject in an interrogation will not be useable in there trial. The ruling also encouraged the expansion of Fifth Amendment and other constitutional

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1153 Words | 5 Pages

Amendment II gives the right to bear and keep arms. Amendment III gives individual’s right of domestic privacy. Amendment IV gives protection from unreasonable search and seizure. Amendment V gives the right to of habeas corpus. Amendment VI guarantees a cluster of rights designed to make criminal prosecutions more accurate, fair, and legitimate..

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523 Words | 3 Pages

When a car crash occurs it is almost certain that the person behind the wheel is put to blame, and not the vehicle itself, how is it that when a firearm is used good or bad it is the gun that is put to blame and not the person behind the trigger? The second amendment states that we as US citizens are guaranteed the right to a, “well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The first piece allows for citizens to bear arms out of the possibility that the government may need to be kept in check. The second piece that is not as obvious is the need to bear arms out of protection for the life of oneself, those that we care about, our homes, and our liberties. There are many that want more laws to prevent responsible citizens from owning guns.

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814 Words | 4 Pages

Pleading the Fifth Technology seems to come hand in hand with modernity. It has made most tasks that used to take days to complete much easier. Technology has also improved the channels of communication. The invention of the modern day smart cellphone coupled with social media networking has allowed mankind to be in constant contact with one another from across the globe.

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Before the United States Constitution was changed, the thirteen states went by the Articles of the Confederation. The Articles of Confederation was considered weak because it had too many flaws. There was no power of a nation over taxation, as well as no power over the trading of goods. Under the Article of Confederation each state had the power to make their own money, collect their own tax as well as make its own militia. A Philadelphia Convention wanted to correct the weaknesses of the Article but many of its delegates wanted to create a whole new government instead of fixing the old one.

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170 Words | 1 Pages

What is eminent domain really? Eminent domain is where the government can buy private property to ameliorate the area, or they can allocate it to a company to build on they used it more than ten thousand times in five-year span. However, if a resident spurn to allocate their property, they have to proceed to the Supreme Court of that state to challenge the government for the possessions. The residents in Lake Wood went to court to save their homes and won. Some people have tried negotiating with the businesses trying to seize their property, nevertheless they don 't care about the person the establishment just wanted the property.

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Eminent domain has been around a long time, codified into the Fifth Amendment of the United States Constitution, protecting citizens from the seizure of private property by the government without just compensation. It is the power of a government agency or limited types of private companies to involuntarily acquire private property rights in exchange for the payment of just compensation (2013). The government’s right to eminent domain is a very big topic. Eminent domain in today’s society is rarely noticed, and what good that comes out of its use is sometimes unknown.

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634 Words | 3 Pages

The original Constitution of 1788 contained very few specific restrictions on the ways in which the power of the national government could be exercised against the people. It guaranteed the right to trial by jury in criminal cases, placed limits on prosecutions and punishments for treason, forbade bills of attainder and ex post facto laws, limited any restrictions on habeas corpus to certain designated emergencies, and prohibited the granting of titles of nobility. But the Constitution that emerged from the 1787 Constitutional Convention contained nothing like a comprehensive bill of rights. Most state constitutions of the time had bills of rights, and many citizen, and members of the Constitutional Convention, expected the new national constitution to have one as well. The state delegations at the Constitutional Convention voted 10-0 against including a bill of rights in the Constitution.

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2469 Words | 10 Pages

The takings clause of the Fifth Amendment states that private property shall not be taken for public use, without just compensation. The power of eminent domain is essential for a developed state, for example to build roads and highways the government often needs to seize land from private individuals. Questions surrounding the use of eminent domain and the takings clause include what counts as a seizure of land, what counts as just compensation, and what counts as public use. In 2005 the Supreme Court heard the case Kelo vs City of New London which dealt with the question of what counts as a public use. Justice Stevens’s majority opinion in this case appeals to Dworkin’s method, while Justice Kennedy’s reasoning would be endorsed by Hart.

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534 Words | 3 Pages

One element I find very interesting of the United States Constitution is the Tenth Amendment. The Tenth Amendment says, “The power not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.” This is basically alluding to the idea that if a power is not directly given to the federal government is given to the states. I believe that one of the main reasons that this amendment was included in the Constitution because the Founding Fathers knew it needed to be a vital rule set from the beginning because it helped further their ideals of the balance of power.

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462 Words | 2 Pages

In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.

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