5th Amendment Research Paper

There was no clarification on what race would be considered white or what would be considered black. During this incident, “Homer Plessy, who was seven-eighths white and one-eighth African American, purchased a rail ticket for travel within Louisiana and took a seat in a car reserved for white passengers. (The state Supreme Court had ruled earlier that the law could not be applied to interstate travel.) After refusing to move to a car for African Americans, he was arrested and charged with violating the Separate Car Act.”(Duignan 2017). Judge Ferguson ruled that the separation was fair and did not violate the fourteenth amendment. The state Supreme Court also backed up this decision. The case was brought to the Supreme Court and "The law was challenged in the Supreme Court on grounds that it conflicted with the 13th and 14th Amendments. By a 7-1 vote, the Court said that a state law that “implies merely a legal distinction” between the two races did not conflict with the 13th Amendment forbidding involuntary servitude, nor did it tend to reestablish such a condition." (History.com Staff 2009). This decision set the key precedent of Separate but Equal in the United States. Racial segregation kept growing.

Plessy v. Ferguson , a very important case of 1896 in which the Supreme Court of the United States upheld the legality of racial segregation. At the time of the ruling, segregation between blacks and whites already existed in most schools, restaurants, and other public facilities in the American South. In the Plessy decision, the Supreme Court ruled that such segregation did not violate the 14th Amendment of the Constitution of the United States. This amendment provides equal protection of the law to all U.S. citizens, regardless of race. The court ruled in Plessy that racial segregation was legal as long as the separate facilities for blacks and whites were “equal.”

The case “Plessy v. Ferguson” was a test of a Louisiana law’s constitutionality. It took 50 years to realize it, but the constitutionally and morally right way was to end segregation. This case was never about Plessy not being able to ride on a white only car on a train headed to Covington, Louisiana. It was about a group of black citizens trying to stop segregation from ever

The last three article of the Constitution tied up loose ends that may have been left out. The Fifth Amendment laid out the amendment process, which the founders knew would be inevitable. The Sixth Amendment ensured that the new government would pay the debts owed by the old, established Federal law as supreme, and gave the oath of office for all politicians. The Seventh Amendment gave the guidelines for ratification of the Constitution. After all of the previous articles the last three were the loose ends that tied everything up into a nice neat package to be sent to the states.

There are ten Amendments in the Constitution, they are called the Bill of Rights. Each one of the Amendments protects a different right that people liveing the United States have. The Constitution was created in 1791. It took many drafts, but after 116 days on September 17, 1787 the members of Congress finally signed the Constitution (Constitutional FAQ Answer #87, usconstitution.net). James Madison wrote the Constitution, and the Bill of Rights (U.S Founding Fathers, constitution facts.com). Each Amendment, of the Bill of Rights, is important for a different reason. The first Amendment states,” Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (1st Amendment, cornell.edu). The first Amendment is very important because it protects the U.S. citizen's freedom of religion, freedom of press, and freedom of speech.

Amendments in the Constitution are giving people, Americans the rights to have freedom and showing that from the Constitution. The rights that we as people have in our lives to speak up, and stand up for what we believe in.“U.S Constitution established Americans national government laws, and guaranteed basic rights for citizens”( The U.S Constitutions). Ten amendments were ratified by the states, there are twenty seven amendments in the constitution of the United States. All Amendments are representing America, for its rights and freedom. Amendments help and benefit Americans, they are a way to represent our freedom and of course the privileges that we are able to have. The Fifth Amendment is a very important one to the

or public danger. No one can be put on trial again for the same crime.

The Fifth amendment was made, in 1791. to make sure that no one could be tried for the same reason more than once. This was important to include it in the declaration of independence to protect the rights of the criminally accused and to influence the people’s rights to life, liberty, and property. In the Chambers vs Florida case, men were accused of a murder because of their skin color and were proved innocent and this was considered violated do to the fifth amendment. In another case called Ashcraft v. Tennessee, had included a man who was a suspect of the tennessee police and was then forced to a false confession by them, in an interrogation, which violated his wright given by the fifth amendment. In a similar case called Miranda v. Arizona, a man was sent to an interrogation and was not notified of his rights with a warning, which violates the

The Constitution, now comprised of 27 amendments, started out with 10. The First Amendment of the Constitution states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (Bill of Rights 1). The Supreme Court of the United States has ruled on various challenges to the

Explain the details of what the Fifth Amendment provides citizens and its use of it in the 2012 Meningitis Outbreak?

The Fifth Amendment refers to being put in “jeopardy of life or limb.” The clause, has been interpreted in many ways as providing protection regarding “every indictment or information charging a party with a known and defined crime or misdemeanor; although the clause, it has been held, does not prevent separate trials by different governments, the state plus federal governments are considered to be separate entities. Once acquitted of a crime, a person may not be tried for the same again, even if it was not followed by any type of judgment. Mistrials are generally not covered by the double jeopardy clause as stated in the Fifth Amendment and double jeopardy also does not apply if the later charge is civil rather than criminal in nature, which may include a different legal standard to follow. Acquittal in a criminal case will not prevent a plaintiff from suing the defendant in a civil suit relating to the same incident. For example, OJ Simpson, was acquitted of a double homicide in a California criminal prosecution, but lost a wrongful death claim that brought over the same victims.

As of right now, there are 27 US amendments with all kinds of rules. But I’m only going to talk about the main 10. Some may be outdated and need to be updated while others after 241 years still work in this modern world. Who knows maybe after 100 or 200 years some of the amendments will stay the same with no updates or tweaks.

“Under modern Supreme Court jurisprudence, the right to petition, along with the right to peaceable assembly have been almost completely collapsed into Freedom of Speech.” (www.heritage.com). The U.S. Constitution was written as a new set of rules for the nation in place of the Articles of Confederation. The Constitution consists of three parts known as the Preamble, the 7 articles, and the 27 amendments. Of these amendments, the first ten are referred to as the Bill of Rights. “The Bill of Rights sets limitations on the government.” (www.constitutioncenter.org). Our five most important rights are Freedom of Speech, Press, Assembly, Petition, and Religion which are all provided by the First Amendment. To understand Freedom of

To this day, there are cases still going on regarding the First Amendment. One of the contemporary cases is the Reed v. Town of Gilbert, Ariz. Case, where Clyde Reed, a pastor at the Good News Community Church, received an advisory note, which stated that he violated the Sign Code, after placing 17 signs in the area announcing

In the Plessy v. Ferguson case, the statute of Louisiana, acts of 1890, c. 111 requires train companies to provide separate but equal usage for colored and white races. Plessy was a resident in the state of Louisiana which he was of mixed race as he was seven eighths caucasian and one eighth black. He tried to use the whites only train section and was arrested. Plessy then sued Louisiana State Supreme Justice, the Hon. John H. Ferguson for violating his 13th Amendment which prevents slavery and his 14th Amendment which is equal protection under US laws. (“Plessy v. Ferguson”, 1).