The Bill of Rights

Understanding Amendments 5 and 10.

Amendment V (5): Rights in criminal cases

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.

Amendment 5 - Summary

The Fifth Amendment consists of 5 different clauses, these clauses consist of Grand jury clause, double jeopardy clause, self-incrimination clause, due process clause and the takings clause. The grand jury clause states a person cannot be accused with serious federal crime unless with an indictment by a grand jury. Second, the double jeopardy clause states that a person cannot be punished more than one time for the same crime. Next, the self-incrimination clause states when being arrested, it gives the right for the person to remain silent and not to give any information to the officer. The due process clause states that the government cannot take a person’s life, liberty or property without following the due process. Lastly, the takings clause (which is also known as eminent clause) states that if at any time the government needs to take a private property for public use; then, the owner should be paid a reasonable amount for the property.

5th Amendment news article.

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Moving onto the 10th amendment...

Amendment X (10): Powers retained by the states and the people

The powers 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.

Amendment 10 - Summary

The 10th amendment is the final amendment in the Bill of Rights. The supreme court defines this amendment as truism which means that this amendment doesn't really add anything new to the constitution. This amendment was put in place just to emphasize that the federal and state governments has jurisdiction over some things.
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