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.
Due Process Clause:
“No person shall…be deprived of life, liberty, or property, without due process of law;”
- Due Process Clause by Gary Lawson
- NEW: Proposition 8 cases based on a phantom constitutional clause: 5th Amendment has no ‘equal protection component’ by David W. New, March 2, 2013.
- The Constitutionality of Traditional Marriage by John C. Eastman, January 25, 2013.
The Takings Clause:
“…nor shall private property be taken for public use, without just compensation.”
- A Brief History of the Takings Clause by Edward J. Sullivan
…The Takings Clause found its genesis in Section 39 of the Magna Carta, which declared that land would not be taken without some form of due process: “No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.” King John I, who signed that document, almost immediately denounced this undertaking to his barons. However, that promise eventually made its way into the coronation oaths taken by kings and, in England at least, became a protection against confiscation of lands without some form of a hearing….
After the adoption of the American Constitution, there was fear, particularly by the anti-Federalists led by Jefferson, that the federal government would be too powerful. Jefferson agitated for the adoption of the Bill of Rights, the first ten amendments to the federal Constitution. One of these Amendments, the Fifth, provided that no person shall “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Jefferson’s views probably came from his reading of Coke, Blackstone, Locke, and enlightenment philosophers, and reflected similar provisions in certain earlier post-Revolutionary War state constitutions….
- The Takings Clause by Douglas W. Kmiec