Simone Lawson
The process of amending the American Constitution is outlined in Article V of the Constitution. There are two ways to propose and ratify amendments. Firstly, two-thirds of both houses of Congress can vote to propose an amendment, and for ratification, three-fourths of the state legislatures must approve it. Secondly, two-thirds of state legislatures can request Congress to convene a constitutional convention to propose amendments, and for ratification, three-quarters of the states must approve via ratifying conventions. The amendment process is challenging and time-consuming, requiring a substantial impact on all Americans or the protection of citizens' rights. Since 1787, the Constitution has only been amended 27 times, with none of the amendments being proposed by a constitutional convention.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Ratified on December 15, 1791 |
| Fifth Amendment | Limits the use of evidence obtained illegally by law enforcement officers |
| Provides the right of defendants to be tried only once in federal court for the same offense | |
| Provides the right of an individual not to serve as a witness in a criminal case in which he or she is a defendant | |
| Requires that most felonies be tried only upon indictment by a grand jury | |
| Authority to amend the Constitution | Article V of the Constitution |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate |
| By a constitutional convention called for by two-thirds of the State legislatures | |
| Amendment ratification | Requires ratification by three-fourths of the States (38 out of 50) |
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What You'll Learn
The Fifth Amendment
- The right to indictment by a grand jury before any criminal charges for felonious crimes.
- A guarantee that the government cannot seize private property without making due compensation at market value.
- The right against double jeopardy, meaning defendants can be tried only once in federal court for the same offence.
- The right against self-incrimination, which applies when an individual is called to testify in a legal proceeding. This includes the right to remain silent and not serve as a witness in a criminal case in which one is a defendant.
- The right to due process, which requires the government to respect all rights, guarantees, and protections afforded by the U.S. Constitution before depriving any person of life, liberty, or property.
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Criminal defendants pleading guilty
The Fifth Amendment to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures. The Fifth Amendment privilege against self-incrimination applies when an individual is called to testify in a legal proceeding. This amendment has been used by defendants and witnesses in criminal cases.
Pleading guilty is a significant step in a criminal case. A defendant may plead not guilty, guilty, or (when allowed under the law of the jurisdiction) nolo contendere. A plea of guilty or nolo contendere should be received only from the defendant in open court, except when the defendant is a corporation, in which case the plea may be entered by counsel or a corporate officer. For a "knowing and intelligent" guilty plea to be made, defendants must know the consequences of the plea and the possible sentences that could be given if the defendant were to stand trial. Judges must also make sure defendants know and understand the rights they are waiving by pleading guilty, including the right to a trial and the right to make the prosecution prove the allegations beyond a reasonable doubt. Judges may also advise defendants of other possible consequences of a guilty plea, such as immigration and deportation consequences, forfeiture of property, disqualification of government benefits, and loss of professional licenses.
The process in court typically involves a plea deal being made by counsel, the defendant pleading guilty in court, the judge asking questions of the defendant, and the judge accepting the plea and convicting the defendant. The judge will generally follow certain steps to make certain the defendant understands what is happening, and whether the defendant has committed the offenses to which they are pleading guilty. This usually involves a colloquy (a verbal exchange) between the judge and the defendant. If a defendant pleads guilty, there is no trial, but the next step is to prepare for a sentencing hearing.
After a defendant has been sentenced pursuant to a plea of guilty, the court should allow the defendant to withdraw the plea whenever the defendant, upon a timely motion for withdrawal, proves that withdrawal is necessary to correct a manifest injustice.
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Plea bargaining in pre-trial
Plea bargaining is a common feature of the US justice system. It allows defendants to avoid the time and cost of a trial, the risk of harsher punishment, and negative publicity. It also saves the prosecution time and expense. Plea bargaining usually involves the defendant pleading guilty to a lesser charge or just one of several charges.
The Fifth Amendment of the US Constitution provides several rights that protect individuals from self-incrimination. The amendment also limits the use of evidence obtained illegally by law enforcement. This amendment has been used by defendants and witnesses in criminal cases involving the American Mafia.
The right to remain silent was asserted at grand jury or congressional hearings in the 1950s, when witnesses testifying about alleged Communist Party membership refused to answer questions. Under the Red Scare, these witnesses suffered repercussions for "taking the Fifth". The Supreme Court has extended most of the rights of the Fifth Amendment to state and local levels, meaning that federal, state, and local governments may not deny people these rights.
Plea bargaining in the pre-trial process involves a criminal defendant electing to plead guilty instead of requiring that the prosecution prove them guilty. A defendant who pleads guilty does so as part of a plea bargain with the prosecution, where they are guaranteed a lighter sentence or are allowed to plead guilty to a lesser charge. The prosecution may also recommend leniency in sentencing, although the judge is not bound to follow this recommendation. Many plea bargains are subject to the approval of the court.
The details of a plea bargain are usually not known publicly until they are announced in court. The state can permit pleas of guilty in which the defendant reserves the right to raise constitutional questions on appeal, and federal habeas courts will honor this. A prosecutor denies due process if they penalize the assertion of a right or privilege by the defendant by charging more severely or recommending a longer sentence.
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Congress proposes an amendment
The authority to amend the US Constitution is derived from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is done in the form of a joint resolution, which is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication.
The joint resolution document is then accompanied by an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the resolution in slip law format. The proposed amendment is then submitted to the States for their consideration, with a letter of notification sent to each Governor.
Once a State ratifies a proposed amendment, it sends an original or certified copy of the State action to the Archivist, who is responsible for administering the ratification process. The OFR examines the ratification documents for facial legal sufficiency and an authenticating signature.
Finally, when the OFR verifies that it has received the required number of authenticated ratification documents (three-fourths of the States, or 38 out of 50), it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process is complete.
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Ratification by three-fourths of the States
The American Constitution can be amended in two ways, as outlined in Article V of the Constitution. The first method involves a two-thirds majority vote in both the House of Representatives and the Senate, which is then proposed to the States for ratification. This is the method that has been used for all amendments so far. The second method, which has never been used, involves a constitutional convention called for by two-thirds of the State legislatures (34 out of 50). This convention can propose amendments without congressional approval, but they must still be ratified by three-fourths of the States (38 out of 50) to become law.
The process of amending the Constitution is designed to be deliberate and challenging, requiring broad consensus across the country. The two-thirds majority requirement in Congress ensures that any proposed amendment has significant bipartisan support. Similarly, the three-fourths ratification requirement ensures that a wide range of states, representing diverse populations and interests, approve of the amendment. This safeguards against amendments that may favour one region or group at the expense of others.
Once an amendment is ratified by three-fourths of the States, the Office of the Federal Register (OFR) verifies the receipt of authenticated ratification documents. The OFR then drafts a formal proclamation for the Archivist of the United States to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
The Archivist of the United States plays a crucial role in the amendment process. They are responsible for administering the ratification process and ensuring its integrity. While they do not make substantive determinations on the validity of state ratification actions, their certification of the facial legal sufficiency of ratification documents is final and conclusive. The Archivist's role provides assurance that the amendment process is fair and properly executed.
In conclusion, the requirement of ratification by three-fourths of the States is a critical step in amending the American Constitution. It ensures that any changes to the nation's founding document reflect the will of a significant majority of the country and protects against hasty or partisan alterations. The process involves multiple checks and balances, including the role of Congress, state legislatures, and the Archivist of the United States, to safeguard the integrity of the Constitution.
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Frequently asked questions
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 privilege against compulsory self-incrimination applies when an individual is called to testify in a legal proceeding. It also limits the use of evidence obtained illegally by law enforcement officers.
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States).
Plea bargaining is an important component of the criminal justice system. It is permissible for a prosecutor negotiating a plea bargain to require a defendant to forgo their right to a trial in return for escaping additional charges that are likely to result in a more severe penalty. A defendant who pleads guilty gives up the right to challenge most aspects of the proceeding against them.
