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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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