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28 September, 06:24

Why was the above passage included in the Bill of Rights?

No person shall be held to answer for a capital, or otherwise infamous crime, unless on an 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 offense 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 lawl nor shall private property be taken for public use, without just compensation.

A. To explain why rights were being reserved for citizens rather than the government.

B. To divide political powers between state and federal government.

C. Toe emphasize the importance of a strong national military

D. To protect the rights of citizens against the abuses the British had committed.

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  1. 28 September, 10:03
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    The correct answer is A. To explain why rights were being reserved for citizens rather than the government.

    Indeed, the context of the Bill of Rights was that the articles of Confederation that were used to regulate relations between the states were insufficient as the federal government that was supposed to enforce them was actually weakened by them. The Philadelphia Convention was organized to fix these articles but it was finally decided that they would be replaced with the Constitution. However, the great fear of Anti-Federalists was that such Constitution would give too much power to the President and thus it had to be counterbalanced by strong Individual rights for American Citizens. Thus, this particular Fifth Amendment was intended to establish several constitutional rights and judicial protections for American citizens such as:

    - The Right to be judged by a Grand Jury of one's peers.

    - The Infamous crime clause.

    - The Double Jeopardy Clause (right not to be tried twice for the same offense).

    - The Right not to be forced self-incriminate legally.

    - The Due Process Clause (right not to be arrested, prosecuted or incarcerated without valid legal justification and trial).

    - The Takings Clause (the right not to be dispossessed of one's property arbitrarily or without proper monetary compensation).
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