Simone Lawson
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the Bill of Rights. The Fifth Amendment contains several clauses, including the Grand Jury Clause, the Due Process Clause, and the Takings Clause. The Takings Clause limits the power of eminent domain by requiring just compensation for private property taken for public use. The Fifth Amendment also includes the Double Jeopardy Clause, which provides defendants the right to be tried only once in federal court for the same offense. This answer primarily focuses on the Takings Clause as the fifth clause in the Fifth Amendment, but it's important to mention the other clauses within the amendment as well.
| Characteristics | Values |
|---|---|
| Type | Amendment |
| Amendment Number | V |
| Creation | Part of the Bill of Rights |
| Ratification Date | 1791 |
| Purpose | Creates several constitutional rights, limiting governmental powers focusing on criminal procedures |
| Notable Clauses | Grand Jury Clause, Double Jeopardy Clause, Due Process Clause, Takings Clause |
Explore related products
What You'll Learn
The Three-Fifths Compromise
The Southern states wanted each slave to count as a full person, whereas the Northern states did not want them to be counted at all. The Southern states argued that slaves should be considered persons when determining representation but wanted them considered property when it came to levying taxes on the states based on population. On the other hand, delegates from states where slavery was rare argued that slaves should be included in taxation but not in determining representation.
> Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
Should Children Testify? Understanding the Legal Parameters
You may want to see also
The Constitutional Compromise of 1787
On July 16, 1787, the Constitutional Convention in Philadelphia adopted the so-called "Great Compromise" or "Connecticut Compromise", resolving one of the most controversial aspects of the drafting of the US Constitution. The compromise addressed the issue of congressional representation, with delegates from small states arguing for equal representation in both houses of Congress, while delegates from larger states contended that their greater contribution of financial and defensive resources merited a greater say in the central government.
The Great Compromise proposed a bicameral legislature, consisting of a Senate and a House of Representatives. The plan provided for equal state representation in the Senate, with members elected by the individual state legislatures. In the House of Representatives, proportional representation was offered, with each state having one representative for every 40,000 inhabitants, elected by the people. This included the controversial Three-Fifths Clause, which stated that for representation purposes, African-American slaves would be counted as three-fifths of a person. This clause has been a source of debate, with some arguing it reflected an ambivalence toward slavery, while others see it as pro-slavery.
The compromise was not without its critics. Some small-state delegates continued to protest proportional representation in the Senate, and some larger-state delegates, including James Madison, pressed for proportional representation in the Senate as well. The compromise was a delicate balance, and the adoption of the Great Compromise was a significant step forward in the drafting of the US Constitution.
The Three-Fifths Clause, while not significantly impacting Southern representation in the House, was an embarrassing reminder of the Founding Fathers' acceptance of slavery. This clause, along with the Fugitive Slave Act and the constitutional provision in Article V prohibiting the abolition of the international slave trade before 1808, was consigned to history with the ratification of the Thirteenth Amendment in December 1865.
Marbury v. Madison: Judicial Review and the Constitution
You may want to see also
The Thirteenth Amendment
The amendment reads as follows:
"Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation."
The first section of the amendment directly addresses slavery and involuntary servitude, making it clear that these practices are no longer legal within the United States or any territory under its jurisdiction. The exception for criminal punishment was included to allow for prison sentences and similar penalties, but it has also been the source of much debate and interpretation over the years.
The second section of the amendment grants Congress the power to enforce the prohibition on slavery through legislation. This has been used to pass a number of important civil rights laws, including the Civil Rights Act of 1866, which guaranteed citizenship and equal protection under the law to all persons born in the United States, regardless of race or previous condition of slavery.
The passage and ratification of the Thirteenth Amendment marked a pivotal moment in American history and a major step forward in the long struggle for racial equality. While the amendment did not immediately end all forms of racial discrimination or injustice, it provided a legal foundation for the civil rights movement and continues to shape debates over equality and justice in the United States today.
Who Were the Slave-Owning Framers of the Constitution?
You may want to see also
Explore related products
The Fourteenth Amendment
The Fifth Amendment (Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. The Fourteenth Amendment, passed in 1868, superseded Article 1, Section 2, Clause 3 and explicitly repealed the Three-Fifths Compromise.
The Fifth Amendment was ratified in 1791 as part of the Bill of Rights. The Supreme Court has extended most of the rights of the Fifth Amendment to state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Fifth Amendment requires that most felonies be tried only upon indictment by a grand jury, which the Court ruled does not apply to the state level. The Grand Jury Clause limits governmental powers by acting as a check on prosecutorial power. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in a federal court for the same offence.
The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court has interpreted the due process clauses to provide four protections: procedural due process (in civil and criminal proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.
Foundations of Freedom: Guarding Tyranny with the US Constitution
You may want to see also
The Connecticut Compromise
The Compromise retained the bicameral legislature as proposed by Roger Sherman, with proportional representation of the states in the lower house or House of Representatives. It also required the upper house or Senate to be weighted equally among the states, with each state having two members in the Senate. This was proposed to resolve the dispute between small and large states over representation in the new federal government.
Edmund Randolph offered the Virginia or Randolph Plan, which provided for a bicameral legislature with representation of each state based on its population or wealth. On the other hand, William Paterson proposed the New Jersey or small-state plan, which provided for equal representation in Congress. Neither side would yield, so Ellsworth and Sherman proposed a bicameral legislature with proportional representation in the lower house and equal representation of the states in the upper house.
Georgia Constitution: Word Count and Its Significance
You may want to see also
Frequently asked questions
The 5th clause of the US Constitution is commonly known as the Three-Fifths Compromise. It was part of Article 1, Section 2, Clause 3.
The Three-Fifths Compromise stated that three-fifths of each state's slave population would be counted as part of its total population. This was to be used for apportioning the House of Representatives and determining federal tax contributions.
The Three-Fifths Compromise was necessary to resolve a deadlock between the Northern and Southern states. The Southern states wanted slaves to be considered as full persons when determining representation, while the Northern states did not want slaves to be counted at all.
