Fifth Amendment

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Analysis of the Fifth Amendment Katrina Krolak, Katia Denis and Dan Mullen The University of Phoenix U.S. Constitution HIS 301 Georgia Mc Millen March 17, 2008 Introduction The Fifth Amendment provides for certain personal protections including the right to avoid self-incrimination and the potential for criminal convictions based on double jeopardy. The analysis of the Fifth Amendment in this research will review the background of the amendment, and various interpretations throughout history. The impact of the Fifth Amendment on American society, and the potential for changes in the future will also be researched. The classroom text of the course U.S. constitution and the Internet will be used as sources of reference. The…show more content…
The Fifth Amendment was included in this final approval and ratification. History of the Fifth Amendment As originally ratified it was unclear whether the Fifth Amendment applied only against action taken by the federal government or if it also protected freedoms from state governmental abuse. The Supreme Court answered this question in Barron v. City of Baltimore, 32 U.S. 243, 7 Pet. 243, 8 L.Ed. 672 (1833), when it ruled that the Fifth Amendment did not apply to the states. This judgment settled the question until the Fourteenth Amendment was ratified in 1868. It guaranteed the citizens of every state the right to EQUAL PROTECTION of the laws and the right to due process of law. Following RATIFICATION of the Fourteenth Amendment, the Supreme Court began making individual freedoms enumerated in the Bill of Rights applicable to the states via the doctrine of incorporation. Under this doctrine the Court explained through a series of cases that no state may deny any citizen a fundamental liberty without violating the Fourteenth Amendment's Equal Protection and Due Process Clauses. The Court has ruled that these fundamental liberties include every liberty set forth in the Bill of Rights, except the Second Amendment's right to bear arms, the Third Amendment's right against quartering soldiers, the Seventh Amendment's
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