The Fifth Amendment specifically guarantees the right to a grand jury and right to a fair trial in cases of criminal trials. In addition to those explicit guarantees, the Fifth Amendment provides other protective measures in matters involving criminal and civil proceedings. The Fifth Amendment reserves specific rights for citizens and requires the government to compensate property owners for private land taken for public use.Know More
In addition to making guarantees and committing the government to justly compensate private landowners for takings, the Fifth Amendment contains explicit prohibitions. It prohibits double jeopardy, which essentially means that people cannot have lives or limbs placed in harm's way more than once for the same offense.
The Fifth Amendment also prohibits acts of self-incrimination in the hands of authority. Self-incrimination requires individuals to act as their own witnesses and subjects them to deprivation of life, limb or property without due process of law.
Although the provisions and purpose of the Fifth Amendment remain unchanged, its application to lower level courts expanded over time. Historically, only federal courts upheld the Fifth Amendment, since the Fifth concerns federal law. However, the Fourteenth Amendment, or Due Process Clause, expanded the Fifth's applicability to state courts. The Due Process Clause contains a substantive and procedural provision to ensure citizens' rights remain protected.Learn More
The Tenth Amendment is important because it keeps the government from becoming too powerful, which would limit the individual liberties of the people. The Tenth Amendment was written to underscore the limited power of the federal government. It states that any powers that are not expressly outlined in the Constitution do not belong to the government; instead, they belong to the states or the people.Full Answer >
The Seventh Amendment to the U.S. Constitution preserves the right to jury trials in civil cases in which the sum at stake is more than $20. It also guarantees that other courts cannot overturn the findings of facts in civil trials.Full Answer >
The Buckley Amendment, or the Family Education Rights and Privacy Act (FERPA), is a federal law that was enacted in November 1984. The law gives parents or "eligible students" (those who are over 18 years old) certain rights with respect to a student's educational records.Full Answer >
The Ninth Amendment to the U.S. Constitution provides a course of conduct to prohibit the federal government from infringing on rights of the U.S. citizen that are not specifically mentioned in the Constitution. Dissimilar to the eight preceding amendments, the Ninth Amendment does not outline or identify liberties and rights. It instead affirms protection for the unmentioned implicit rights of the people.Full Answer >