U.S. Constitution · Amendment V · ratified 1791-12-15
Grand Jury, Double Jeopardy, Self-Incrimination, Due Process, Takings
Alerts when a new grade, SI Solution or Think Tank idea cites Amend. V.
Also known as: Grand Jury Clause · Double Jeopardy Clause · Self-Incrimination Clause · Due Process Clause · Takings Clause
Live in the VFA record
Cited in 46 SI Solutions, 594 grades, 2 Think Tank ideas and 1 SI Senate measure this month.
1585 public items cite this provision · 643 in October 2026 (last month: 44)
Citations per week, last 12 weeks
The text
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.
National Archives transcription (public domain; original spelling and capitalization). archives.gov
SI explainer
An explainer for this provision is in the queue. It appears here once it passes the SI Editorial Standard’s automated checks. The text, founding-era sources and live citations below are complete.
In the founders’ words
- “No person shall be subject, except in cases of impeachment, to more than one punishment or one trial for the same offence; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without a just compensation.” James Madison, James Madison, Speech Proposing Amendments, House of Representatives, June 8, 1789 (Annals of Congress 1:448-60) (1789-06-08)
- “Mr. Benson thought the committee could not agree to the amendment in the manner it stood, because its meaning appeared rather doubtful. It says that no person shall be tried more than once for the same offence. This is contrary to the right heretofore established; he presumed it was intended to express what was secured by our former Constitution, that no man's life should be more than once put in jeopardy for the same offence;” House of Representatives, House of Representatives, Debate on Amendments, August 17-18, 1789 (Annals of Congress 1:753-60) (1789-08-17)
- “Mr. Livermore thought the clause very essential; it was declaratory of the law as it now stood; striking out the words, would seem as if they meant to change the law by implication, and expose a man to the danger of more than one trial. Many persons may be brought to trial for crimes they are guilty of, but for want of evidence may be acquitted; in such cases, it is the universal practice in Great Britain, and in this country, that persons shall not be brought to a second trial for the same offence; therefore the clause is proper as it stands.” House of Representatives, House of Representatives, Debate on Amendments, August 17-18, 1789 (Annals of Congress 1:753-60) (1789-08-17)
- “These circumstances, as horrid as they are, are rendered still more dark and gloomy, as there is no provision made in the Constitution to prevent the attorney-general from filing information against any person, whether he is indicted by the grand jury or not;” Abraham Holmes, Debate in the Massachusetts Ratifying Convention, January 30, 1788 (Elliot 2:109-14) (1788-01-30)
Public-domain primary sources, quoted word for word and checked against the linked text.
Leading Supreme Court cases
- Barron v. Baltimore, 32 U.S. 243 (1833) · its effect has been largely displaced by incorporation under the Fourteenth Amendment
- Dred Scott v. Sandford, 60 U.S. 393 (1857) · superseded by the Thirteenth and Fourteenth Amendments
- Ex parte Milligan, 71 U.S. 2 (1866)
- Hurtado v. California, 110 U.S. 516 (1884)
- Chicago, Burlington & Quincy R. Co. v. Chicago, 166 U.S. 226 (1897)
- Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922)
- Adkins v. Children's Hospital, 261 U.S. 525 (1923) · overruled by West Coast Hotel Co. v. Parrish (1937)
- Palko v. Connecticut, 302 U.S. 319 (1937) · overruled by Benton v. Maryland (1969)
- United States v. Carolene Products Co., 304 U.S. 144 (1938)
- Ex parte Quirin, 317 U.S. 1 (1942)
- Korematsu v. United States, 323 U.S. 214 (1944) · repudiated by the Court in Trump v. Hawaii (2018), which stated that Korematsu was wrongly decided
- Berman v. Parker, 348 U.S. 26 (1954)
- Bolling v. Sharpe, 347 U.S. 497 (1954)
- Reid v. Covert, 354 U.S. 1 (1957)
- Miranda v. Arizona, 384 U.S. 436 (1966)
- Benton v. Maryland, 395 U.S. 784 (1969)
- Mathews v. Eldridge, 424 U.S. 319 (1976)
- Washington v. Davis, 426 U.S. 229 (1976)
- Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978)
- Rostker v. Goldberg, 453 U.S. 57 (1981)
Cited in the VFA record
“Where this provision is cited”
SI Solutions (146)
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Voluntary Grid Forecasting Improvement and State Choice Act
2026-10-19
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Federal-State Community College Partnership and Student Success Act
2026-10-18
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Arts Learning Opportunity and Accountability Act
2026-10-18
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Federal-State Community College Promise Partnership Act
2026-10-18
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Former Foster Youth Coverage Stability Proposal
2026-10-18
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Fair Start College Access and Campus Safety Act
2026-10-18
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Interstate Transit Fair Notice and Reporting Act
2026-10-18
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Taxpayer Voice in Court With Judicial Control and Sunset
2026-10-17
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Voluntary Agroterrorism Preparedness Exercise with Cost Cap and Sunset
2026-10-17
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Port Clean Air Pilot and Federal Review Act
2026-10-17
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Limited Memory Chip Study With Cost Cap and Sunset
2026-10-17
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Limited Review and Open Model Support Act for Artificial Intelligence
2026-10-17
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Corrected Defense Industrial Base Waiver With Findings, Cap, and Sunset
2026-10-17
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Neutral Notice and Consent for Youth Counseling
2026-10-16
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Corrected Proclamation Confirming National Angel Family Day as Ceremonial and Within Article II
2026-10-16
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Secure EFIN Pilot With Due Process and Sunset
2026-10-16
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Temporary Emergency Student Grant Fund With Cap and Sunset
2026-10-16
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Reaching English Learners Teacher Preparation Grants With Caps and Sunset
2026-10-16
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Atkins Hearing Clarity and State Choice Act
2026-10-16
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Corrected Order for Defense Supply of Elemental Phosphorus and Farm Inputs Under Existing Law
2026-10-16
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Temporary Import Surcharge Authorization and Accountability Act
2026-10-16
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Cobalt Supply Chain Accountability and Sunset Act
2026-10-16
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Pension Withdrawal Liability Notice and Review Proposal
2026-10-15
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Ratepayer Protection Act for Large Data Centers
2026-10-15
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Western Hemisphere Anti-Cartel Partnership Authorization Act
2026-10-15
Showing the 25 most recent. All 146: JSON.
grades (594)
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H.R. 10319: Gender Delusion Disqualification Act
2026-10-17 · Grade F (Direct violation)
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S. 5424: Community Health Worker Access Act
2026-10-17 · Grade B (Mostly sound)
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S. 5046: A bill to prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes.
2026-10-14 · Grade A (Constitutional)
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H.R. 9736: Stop CHEATERS Act
2026-10-14 · Grade A (Constitutional)
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H.Res. 1414: Providing for consideration of the bill (H.R. 1589) to authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes.
2026-10-14 · Grade B (Mostly sound)
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H.R. 9382: To require the Commissioner of U.S. Customs and Border Protection to link together applications of family members throughout the NEXUS application process, and for other purposes.
2026-10-14 · Grade A (Constitutional)
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H.R. 9342: GPO Modernization Act of 2026
2026-10-14 · Grade A (Constitutional)
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H.R. 9331: STOP Payments Fraud Act of 2026
2026-10-14 · Grade C (Significant issues)
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H.R. 9203: Student Protection and University Accountability Act
2026-10-14 · Grade C (Significant issues)
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H.R. 9170: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2027
2026-10-14 · Grade C (Significant issues)
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H.R. 9171: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2027
2026-10-14 · Grade B (Mostly sound)
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H.R. 8665: Allied Defense Sales Act
2026-10-14 · Grade A (Constitutional)
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S. 4394: Promoting Police Leadership Act
2026-10-14 · Grade A (Constitutional)
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S. 4161: Maverick Act
2026-10-14 · Grade A (Constitutional)
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H.R. 8005: Stop Pills That Kill Act
2026-10-14 · Grade C (Significant issues)
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H.R. 7972: Taxpayer Workforce Modernization Act
2026-10-14 · Grade B (Mostly sound)
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S. 3878: A bill to establish the Grand Village of the Natchez Indians and Jefferson College as affiliated areas of the National Park System, and for other purposes.
2026-10-14 · Grade A (Constitutional)
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H.J.Res. 209: Supporting the designation of November 9 of each year as "Gold Star Father's Day".
2026-10-14 · Grade A (Constitutional)
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S. 5185: Audit the Pentagon Act
2026-10-14 · Grade A (Constitutional)
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H.R. 9978: Homeowners Premium Tax Reduction Act of 2026
2026-10-14 · Grade A (Constitutional)
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H.R. 9958: Head Start Expansion and Improvement Act of 2026
2026-10-14 · Grade C (Significant issues)
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H.R. 9946: Equity in STI Testing Act
2026-10-14 · Grade B (Mostly sound)
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H.R. 9824: Daycare Not Detentions Act of 2026
2026-10-14 · Grade A (Constitutional)
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H.R. 9832: Medicare Dental Benefit Act of 2026
2026-10-14 · Grade C (Significant issues)
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H.R. 9833: Ensuring Kids Have Access to Medically Necessary Dental Care Act
2026-10-14 · Grade A (Constitutional)
Showing the 25 most recent. All 594: JSON.
Think Tank ideas (2)
SI Senate measures (1)
roll-call votes (842)
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Senate roll call 253 (2026): On Cloture on the Motion to Proceed on H.R. 7008
2026-09-30 · Cloture on the Motion to Proceed Rejected · official record
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Senate roll call 254 (2026): On Cloture on the Motion to Proceed on H.R. 9340
2026-09-30 · Cloture on the Motion to Proceed Rejected · official record
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Senate roll call 252 (2026): On the Motion to Discharge on S.Res. 852
2026-09-29 · Motion to Discharge Rejected · official record
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Senate roll call 245 (2026): On the Amendment on S. 4668
2026-09-28 · Amendment Agreed to · official record
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Senate roll call 246 (2026): On the Amendment on S. 4668
2026-09-28 · Amendment Rejected · official record
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Senate roll call 247 (2026): On the Amendment on S. 4668
2026-09-28 · Amendment Rejected · official record
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Senate roll call 248 (2026): On the Amendment on S. 4668
2026-09-28 · Amendment Rejected · official record
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Senate roll call 249 (2026): On the Amendment on S. 4668
2026-09-28 · Amendment Rejected · official record
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Senate roll call 250 (2026): On Passage of the Bill on S. 4668
2026-09-28 · Bill Passed · official record
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Senate roll call 244 (2026): On the Concurrent Resolution on H.Con.Res. 89
2026-09-24 · Concurrent Resolution Rejected · official record
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Senate roll call 242 (2026): On the Amendment on S. 4668
2026-09-24 · Amendment Agreed to · official record
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Senate roll call 243 (2026): On the Cloture Motion on S. 4668
2026-09-24 · Cloture Motion Agreed to · official record
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Senate roll call 240 (2026): On the Cloture Motion on S. 4668
2026-09-22 · Cloture Motion Agreed to · official record
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Senate roll call 236 (2026): On the Motion to Proceed on S. 4668
2026-09-17 · Motion to Proceed Agreed to · official record
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House roll call 309 (2026): On Passage on H R 9576
2026-09-16 · Passed · official record
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House roll call 310 (2026): On Passage on H R 10326
2026-09-16 · Passed · official record
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House roll call 312 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 9340
2026-09-16 · Passed · official record
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House roll call 313 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 9497
2026-09-16 · Passed · official record
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House roll call 311 (2026): On Passage on H J RES 213
2026-09-16 · Passed · official record
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House roll call 308 (2026): On Motion to Concur in the Senate Amendments on H R 5334
2026-09-16 · Passed · official record
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Senate roll call 234 (2026): On Cloture on the Motion to Proceed on H.R. 3633
2026-09-15 · Cloture on the Motion to Proceed Rejected · official record
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House roll call 299 (2026): On Ordering the Previous Question on H RES 1530
2026-09-15 · Passed · official record
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House roll call 300 (2026): On Agreeing to the Resolution on H RES 1530
2026-09-15 · Passed · official record
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House roll call 301 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 2978
2026-09-15 · Passed · official record
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House roll call 302 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 8278
2026-09-15 · Passed · official record
Showing the 25 most recent. All 842: JSON.
Roll-call votes are listed when the measure voted on has a current Constitution Index grade citing this provision. Counts include only published items.
Cite this page
Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Amendment V, https://www.valuesforamerica.com/constitution/amendment-5
Data: this provision as JSON.