THE BILL OF RIGHTS:
THE FIRST TEN AMENDMENTS TO THE CONSTITUTION
AND THE CLOSEST CONNECTION TO YOUR LIFE
“THE FIFTH AMENDMENT”
THE FIFTH AMENDMENT
• No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment of a grand jury, except in cases arising
in the land or naval forces, or in the militia, when in actual service in time of
war or public danger; nor shall any person be subject for the same offense to
be twice put in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be taken for
public use, without just compensation.
• If you are suspected of a crime, then you cannot be held or put on trial
unless the evidence is first presented to a grand jury, unless it is a case
that occurs while you are serving in the military during war or when called
out at times of danger.
• You cannot be charged for the same crime twice (double jeopardy)
• You do not have to testify against yourself (you have the right to remain silent)
• If the government exercises eminent domain (their right to your property
for the public good), they must pay you the fair market value for that
property.
THE FIFTH AMENDMENT
• This first case study examines an accused invoking his Fif Amendment
rights
THE FIFTH AMENDMENT
• Now that we have had some fun, this second case study actually shows a
government official, Ms. Lois Lerner, head of the IRS Exempt Organizations
Division, invoking her fifth amendment rights.
• Ms. Lerner was accused of advising her department, possibly on orders
from the White House, to deny tax exempt status to certain organizations
that supported more right of center, conservative issues, such as Tea Party
groups.
• Of course this activity would violate a citizen’s first amendment rights to
free speech and to petition the government for redress of grievances.
• Does the fact that Ms. Lerner offers an opening statement, however,
mean she has “testified” and cannot then invoke her fifth amendment
rights?
THE FIFTH AMENDMENT
• This next case study examines the eminent domain clause of the Fifth
Amendment.
• What exactly constitutes the “public good?”
• The U.S. Supreme Court ruled in Kelo vs. City of New London, Connecticut
that if the government can demonstrate an increase in public tax revenue
from the proposed use of the property, compared to its current use, that
it is justifiable to invoke eminent domain.
• Do you think, then, that the following case is an example of the justifiable
use of eminent domain?
THE FIFTH AMENDMENT
• This last case study on the Fifth Amendment I only include to demonstrate
how dangerous it can be for me to even teach you your Fifth Amendment
rights.