5th-8th Amendments Free Essay, Term Paper and Book Report
The Fifth Amendment was ratified in 1791, which deals with the right of the accused by providing people with the due process. It forbids double jeopardy, and says that no person should have to testify against oneself.
The takings clause of the Fifth Amendment is an amendment given much broader interpretation under the Burger and Rehnquist Courts than in the Warren Court. This clause is very important to the free market conservatives. The clear interpretation made is that if the government takes your property it will be forced to pay compensation. It is also made clear that serious property invasions require compensation equal to the market value before and after the invasion of property. The difficulty comes when government relations made to protect the public, fall unfairly upon property owners. When the owner of the property has significant property damage and causes immense value detriment.
The court has a hard time for there is "no set formula" and that the court goes on a case by case basis. The court has determined the factors to which they consider: the e......
Word Count: 1658
Page Count: 6.6 (250 words a page / double spaced)
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