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The Fifth Amendment to the Constitution guarantees that no one can be tried for a serious federal crime without a grand jury indictment, tried twice for the same offense, forced to testify against themselves or deprived of life, liberty or property without due process of law. It also requires the government to pay fair compensation when it takes private property for public use.

1791

The year this amendment was ratified in.

What is a constitutional amendment?

A constitutional amendment alters the Constitution of the United States by striking or inserting new language. The Constitution establishes the structure, powers, and responsibilities of the federal government. It has been formally amended 27 times.

The constitutional amendment process is as follows:

Step 1

Two-thirds vote

An amendment may be proposed by a two-thirds vote in both the House of Representatives and the Senate or by a constitutional convention called by two-thirds of state legislatures.

Step 2

Three-fourths ratification

Once proposed, the archivist of the United States submits the amendment to the states for consideration. It becomes part of the Constitution once it is ratified by three-fourths of the states.

Full text of the Fifth Amendment

"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."

When did the states ratify the Fifth Amendment?

Congress proposed this amendment on September 25, 1789. Ratification was completed on December 15, 1791, when the 11th state, Virginia, approved the amendment, with 14 states in the Union at the time. New Jersey was the first state to approve, 56 days after the amendment was proposed. Connecticut was the last state to approve, 54,600 days after the amendment was proposed.

Virginia completed ratification of the Fifth Amendment.

Date of ratification by state, Fifth Amendment

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How has the Fifth Amendment shaped Supreme Court rulings?

The Supreme Court has the power of judicial review, which is the authority to declare that federal or state government actions violate the Constitution. This power shows how individual amendments can have a lasting impact on how laws are interpreted and applied.

Under judicial review, there have been 61 cases in which the Court struck down laws as unconstitutional using the Fifth Amendment.

Supreme Court cases invoking this amendment

Cases, 1798–2021

Supreme Court cases invoking this amendment
CaseYear

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USAFacts endeavors to share the most up-to-date information available. We sourced the data on this page directly from government agencies; however, the intervals at which agencies publish updated data vary.