The second issue in the New Jersey State Bar Foundation’s Constitutionally Speaking series is a 12-page primer devoted to the Fifth Amendment. Topics discussed in this inaugural issue include self-incrimination, due process, double jeopardy and eminent domain. Each article contains discussion questions and relevant glossary words for a ready-made lesson plan.
Constitutionally Speaking is expected to be a five-part series of primers that take a deep dive into a civics-related topic. Other topics in the series will include the voting rights amendments, the Presidential Amendments and the Fourteenth Amendment.
Print copies maybe ordered using our Publication Order Form. Educators can also download a PDF of Constitutionally Speaking’s Fifth Amendment issue here. In addition, the individual articles are posted to the NJSBF’s civics blog, The Informed Citizen.
Any questions, contact the editor of Constitutionally Speaking, Jodi L. Miller. She can be reached via email at jmiller@njsbf.org.
Here’s a sampling of the articles contained in Constitutionally Speaking–The Fifth Amendment:
Framers of the U.S. Constitution Valued Silence
If you’ve ever watched an episode of Law & Order or some other police procedural, you’re probably familiar with the Self-Incrimination Clause of the Fifth Amendment, which states, “No person…shall be compelled in any criminal case to be a witness against himself…”
The concept behind the right against self-incrimination, also known as “taking the fifth” and “remaining silent,” is that individuals charged with a crime should be proven guilty by the government. They should not be required to prove their innocence. READ MORE
Explaining the Double Jeopardy Clause
Can you imagine going through the anxiety and expense of a trial, ultimately being acquitted of the crime you’re accused of only to be tried again for the same crime? The Founding Fathers could, and they addressed it in the Fifth Amendment to the U.S. Constitution.
The Fifth Amendment states in part, “…nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb…” This is known as the Double Jeopardy Clause, and it prevents the government from prosecuting someone for the same crime once they have been either acquitted or convicted. READ MORE
Hands Off My Property! — The Takings Clause of the Fifth Amendment
While the Fifth Amendment includes rights that are mostly focused on criminal law, it also includes what is known as the Takings Clause, which reads, “… nor shall private property be taken for public use, without just compensation.” The Takings Clause is also known as the power of eminent domain, a concept coined by a Dutch jurist in the 17th century that recognizes the power of the government to take private property for public use.
Essentially, the clause means the government can take your private property if the purpose of the seizure is for public use. However, before they seize it, the government must compensate you for that property. “Just compensation” has come to mean the fair market value for the property. READ MORE
Grand Juries and Due Process
The Grand Jury Clause and the Due Process Clause are the first and fourth clauses, respectively, of the U.S. Constitution’s Fifth Amendment. Essentially, these clauses deal with criminal procedures. READ MORE