Issue #893 The Choice, Friday, July 18, 2025
Every Friday until the end of 2025, we will publish a post about each of the 27 Amendments to the Constitution.
I plead the 5th!
If there is one thing most people know about the 5th Amendment, it is that individuals can prevent incriminating themselves in court by “pleading the 5th,” and being aware of their right to remain silent. This protection is not an admission of guilt but a safeguard against coerced confessions and forced testimony.
Ratified in 1791 as part of the Bill of Rights, the Fifth Amendment was designed to safeguard citizens against potential government abuses. The Fifth Amendment protects individuals from being compelled to incriminate themselves, meaning they are not required to answer questions or provide evidence that could be used against them in a criminal case. It also ensures due process of law, meaning the government must follow fair procedures before depriving someone of life, liberty, or property, and protects against double jeopardy (being tried twice for the same crime).
The 5th Amendment text reads:
"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 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 law; nor shall private property be taken for public use, without just compensation."
The 5th Amendment offers five critical protections:
Grand Jury Clause: Before being tried for serious offenses, individuals have the right to a grand jury review, ensuring that there is sufficient evidence to proceed.
Double Jeopardy Clause: This prevents individuals from being tried twice for the same offense, providing protection against repeated prosecutions.
Self-Incrimination Clause: Perhaps the most famous aspect of the amendment, this clause protects individuals from being forced to testify against themselves, which is where the phrase "pleading the Fifth" originates.
Due Process Clause: This guarantees that individuals cannot be deprived of life, liberty, or property without due process of law, ensuring fair treatment under the law.
Takings Clause: It mandates that if the government takes private property for public use, it must provide just compensation to the property owner.
As the Trump administration continues to pull suspected undocumented immigrants off the street and out of their homes and workplaces and label them “criminals” based only on their appearance or last name, the due process guarantees of the 4th and 5th Amendments are being ignored. Trump actually said, “Who has time for all of those trials?”
The rights listed in the Constitution are not just for U.S. citizens. All persons on American soil are covered by the Constitution.
Our Choice
The 5th Amendment guarantees that persons cannot be deprived of their core rights without due process of law.
It is essential for us to remember the 5th Amendment protections and help ensure that all individuals in America are safeguarded against government abuse.
If you like us, REALLY like us, please click the little heart “Like” button at the top of this post!
Buttons:
Heart: Like Bubble: Comment Arrow Up: Share Arrows Circle: Restack
If you like us, REALLY like us, please click the “Like” button at the top of this post!
Your “Likes” mean a LOT to us! We appreciate your support!
Buy Pam a cup of Colombian Coffee!
Engage with us and our posts on Substack Notes, where we publish new content almost daily.
Our July 2025 subscriber goals are 400 new free subscribers and 80 new paid subscribers! You can help us reach our goal!
We Are Speaking is a reader-supported publication. To receive new posts and support our work, consider becoming a free or paid subscriber.
Follow Pam on Bluesky, the best “X” alternative.
Follow Keith on Bluesky, the best “X alternative.
Independent Authors and Creative Professionals: Check out my valuable books and courses on Branding and Marketing just for you via Pam Speaks 2 You.
It's good to keep reminding people that their rights are being taken away, and that's illegal. Even in good times, the wheels of justice grind slowly, and for the moment they have almost stopped. But justice itself cannot be destroyed, and it's not for sale. Hope we live long enough to see those wheels humming.