Fifth Amendment Research Paper

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney...this is what you hear on all your favorite cop shows. But, where did this saying come from? In 1963 Ernesto Miranda a ninth grade dropout (PBS) was arrested and charged with kidnaping, rape, and armed robbery. The police interrogated him for two hours. During the question Miranda supposedly admitted to all the crimes. The police then used Miranda’s confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because

This Amendment was passed by Congress on September 25, 1789 and was ratified by the states December 15, 1789. It is a part of the Bill of Rights, the first Ten Amendments of the Constitution.

The Articles outlined each power the three different branches of government had as well as the state's powers and the process of amending the Constitution. Articles VI and VII establishes the Constitution as the law of the land and describes the requirements needed to ratify the new Constitution. The first ten amendments in the Bill of Rights and the Bill of Rights itself was put in place to protect the individual rights of the people. The Bill of Rights was made to be able to adapt with the nation at time went by and society

One of the Articles of the Constitution is about the Legislative Branch, or the congress. It tells them what they can and can’t do to people. It shows how it will be broken up into 2 houses of government, and what lawmaking abilities they can use. It gives them a certain amount of power, which helps our country. The framers wrote this detailed description for the legislative branch so that always knew

The Articles of Confederation was the first constitution of the United States. They were written during the revolutionary war to create a more unified government, and to establish what the national government could and could not do. The Articles let each state keep “sovereignty, freedom, and independence,” and created a very weak central government. For example, Congress could not regulate commerce or impose taxes. The impact that the Articles of Confederation had on federalism for the next few years was: the federal government had very few powers, and most of the authority remained in control of each individual state.

Until the ratification of the Eighteenth Amendment, the Constitution of the United States had retained a certain character which properly belonged to the fundamental form of law of the Republic at the time of its creation. The matters with which it dealt were simply three types. State sovereignty, through the division of powers between the Federal and the State governments, the inalienable rights of the American citizens and the structure of the Federal government itself. These were areas that it was felt by the framers to be of the utmost importance and should be safeguarded from the uncertainty of the majority whim of the time. They believed that there should be no room for doubt in regards to the limits of Federal

The Constitution was written in order to replace the Articles of Confederation and create a centralized government. Times continue to change, and therefore laws must be altered such to keep up with those changes. This was the sole purpose of the amending process of the Constitution. The purpose of the very first amendment was to allow Congress the authority to get involved with state powers that was not allowed at first. This article, Article 1, has been very controversial and confusing at times. It has been a part of our judicial system in judgment of laws and their necessity and still affects us today.

The American constitution recognizes the right to keep arms for defense of person and property as a privilege or immunity that cannot be abridged by the states. The Glucksberg test recognizes the right to keep arms for defense of person and property as a privilege or immunity that cannot be abridged by the states. The 2nd Amendment is unnecessary for applying this right to the states through the Privileges or Immunities Clause. 1: The Right to keep and Bear Arms in Defense of Person and Property Is Deeply Rooted in our Nation’s History and Tradition. Glucksberg Step 2: Describing the Right to Keep and Bear Arms in Defense of Person and Property. Knowing we have the right to own guns is important to those who stand with the 2nd Amendment. If owing a gun makes you feel

If an issue raises between states Articles states to use the system of negotiation. Now the federal court deals with state to state issues. With passing laws before the Constitution, the Articles wanted 9/13 to pass any law. After it states 50%+1 of both of the houses plus the president needs to sign it. Also in the Articles term limit for legislative office is no more than three out of every six years. In the constitution there isn’t a term limit. The Chair of legislature is the president according to the Articles but in the constitution, the speaker of the House of Representatives, Vice President of the Senate.

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

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

Suppose someone witnesses a murder while attempting to steal a stop sign. If the witness is asked by a police official whether or not he or she committed the murder, he or she will say no. But if the witness is then asked what he or she was doing in the area at the time of the murder, he or she has the right to remain silent in order to protect him or herself from self-incrimination, a clause in the Fifth Amendment. The Fifth Amendment upholds the rights of United States citizens against government prosecution. Introduced to the Bill of Rights in 1789, the Fifth Amendment is a noteworthy amendment both during the past and in today’s world.

Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions more then once for an alleged offense. The idea was not to give the State too much over the individual, this way no individual will be subject to embarrassment, expense, and ordeal against being tried for an alleged offense more then once. It also reduces the possibility of someone innocent being found guilty. The double jeopardy clause of the Fifth Amendment embodies three protections to criminal

The Constitution also has twenty-seven amendments. The first ten are a part of the bill of rights and the others are additional amendments. The first amendment says that each citizen will have freedom of religion, press, speech, assembly, and petition. The second amendment says that all citizens have the right to bear arms.

“James Madison and the Bill of Rights: A Reluctant Paternity,” by Paul Finkelman states that in May 1789, James Madison indicated his intention to introduce a series of amendments to the Constitution. A month later Madison found an opening to propose his amendments. He received disapproval from all sides. Former federalist allies interpreted Madison’s call for amendments as unnecessary, imprudent, or an attempt for Madison to gain popularity. The first ten amendments were ratified in December 15, 1791 (Finkelman). Should non-citizens of the United States have the rights offered by the Bill of Rights? In most cases, yes, but there are a few exceptions. (104 words)