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Legal Environment of Business Law: Analysis of the Constitution and the Bill of Rights
Abstract
After reading the constitution and the bill of rights, I have learned a lot and come down to my favorite amendment. The one I have chosen was the 5th amendment. Not only is this one of the most important ones due to it keeping its citizens protected from the law, the police and the government. It also has the best saying to go with it I PLEAD THE FIFTH is the most common thing to say when it comes to this amendment when someone wants to stay quiet and not self-incriminate themselves when they are being questioned by the cops.
Legal Environment of Business Law: My favorite amendment
The fifth amendment is one of the best ones out there that gives us the most protection from the government. Not only does it allow us to not self-incriminate ourselves as long as you know and understand that fact. But it also does more than that. Even though most people when you ask them what the fifth amendment does most people know it as the plead the 5th amendment. But there is so much more to it. It makes it to where we cant be tried for the same crime twice, it makes it where the government cant come in and take your property without paying you a fair amount for it among other things that will be discussed later one.
Method
The fifth amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials.) to start how did the bill of rights even come about? It all started with a guy named James Madison who designed the bill of rights and a couple other of his supporters designed them when ratification was in danger in the key state of Massachusetts. (National Archives) he introduced this bill of rights on June 8 1789, and when it was passed it started out as 17 amendments, then was brought down to 12 amendments, and then by December 15 1791 it was finally brought down to the 10 that we have now.
Interesting enough the person who pushed the Bill of Rights was originally against even having it. Further more the 5th amendment wasnt even apart of the original constitution. But luckily, he came around and we now have what we have now. (Diane Rehm) along with double jeopardy, self-incrimination, and not allowing the government to take our property without just payment, it also makes it where you cant be indicted without a grand jury, Miranda rights, cant be forced to testify in court that will hurt you in a future case, and the right to due process.
Results
In the end all the amendments you can probably say are what make this country what it is today. It has allowed its citizens to live the life we have with all the rights that the Bill of Rights have given us. And it shows when you look at other countries where the government controls its citizens lives. Those examples are why James Madison pushed so hard to make sure all the rights for the people were integrated. But out of all of them the 5th amendment has been used in a lot of famous cases throughout history United States v. Moreland, Blockburger v. United States, Griffin v. California, Miranda v. Arizona and has shaped this country into what it is.
References
- The Bill of Rights. (n.d.). Retrieved from https://www.archives.gov/founding-docs/bill-of-rights
- Rehm, D. (n.d.). The Constitution Today: Fifth Amendment. Retrieved from https://dianerehm.org/shows/2012-01-30/constitution-today-fifth-amendment
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