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Constitution Monday: Rights to Trial and Property

Here is the Fifth Amendment in the Bill of Rights:

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 offence 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.

This is another Amendment where I think it is important to note that the Founders used person and not citizen. Why do you think the Founders made that distinction? Do you think this Amendment is being upheld today?

If you’ve read about Supreme Court decisions regarding the “takings clause” or similar language, this is the provision the decisions usually reference.

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