Founding Fathers Quotes on Due Process and Eminent Domain in the Fifth Amendment
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“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.”
The Fifth Amendment is often thought of as the right against self-incrimination, but there’s much more to it than that. It's the basis of precisely how due process works in the United States. You cannot be sent to jail or have your property taken for no reason, though civil asset forfeiture and red flag laws have greatly undermined this. You cannot be forced to testify against yourself. And you cannot be tried twice for the same crime.
The fact is that sometimes guilty people go free, and that's not a mistake. Indeed, the Founders considered it of paramount importance that it be difficult to convict people of crimes and send them to jail. No less an authority than Benjamin Franklin postulated that it was better for 100 guilty men to escape justice than for one innocent man to be falsely imprisoned. This right has been eroded to some extent by eminent domain, which allows for the government to seize property for what it considers to be compelling public interests.
Quotes: Founding Fathers
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- Founding Fathers Quotes on Religious Freedom and the Separation Between Church & State
- Founding Fathers Quotes on Freedom of Speech and Freedom of Press in the First Amendment
- Founding Fathers Quotes on Guns and the Second Amendment's Right to Keep & Bear Arms
- Founding Fathers Quotes on Standing Armies and Quartering Troops in the Third Amendment
- Founding Fathers Quotes on Privacy, Search, and Seizures in the Fourth Amendment
- Founding Fathers Quotes on Due Process and Eminent Domain in the Fifth Amendment
- Founding Fathers Quotes on Criminal Justice and the Right to Counsel in the Sixth Amendment
- Founding Fathers Quotes on Civil Lawsuits and Common Law in the Seventh Amendment
- Founding Fathers Quotes on Excessive, Cruel or Unusual Punishment in the Eighth Amendment
- Founding Fathers Quotes on the Dangers of Centralized Power in the Ninth and Tenth Amendments
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