Fifth Amendment

Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings

Passed by Congress September 25, 1789. Ratified December 15, 1791. The first 10 amendments form the Bill of Rights

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.

Read Interpretations of Criminal Procedure Clauses

Read Interpretations of Due Process Clause

Read Interpretations of Takings Clause

More about Fifth Amendment

The Drafting Table

Coming soon for this provision! Until then, you can use Writing Rights to explore key historical documents, early drafts and major proposals behind each provision, and discover how the drafters deliberated, agreed and disagreed, on the path to compromise and the final text.

In the Classroom

Teach the Constitution in your classroom with nonpartisan resources including videos, lesson plans, podcasts, and more. Check out our classroom resources organized by each article or amendment, and by key constitutional questions.

Media Library: Fifth Amendment

Town Hall Video

A National Town Hall on Policing and the Constitution

A two-part national Town Hall featuring Judge Theodore McKee, Monica Bell, David French, Janai Nelson, and Theodore Shaw.

Jun 5

Blog Post

Battle for the Constitution: Week of June 22nd, 2020 Roundup

Here is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American…

Jun 26

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