U.S. Constitution · Amendment V · ratified 1791-12-15

Grand Jury, Double Jeopardy, Self-Incrimination, Due Process, Takings

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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)

Week of 2026-08-03: 15Week of 2026-08-10: 12Week of 2026-08-17: 8Week of 2026-08-24: 0Week of 2026-08-31: 12Week of 2026-09-07: 0Week of 2026-09-14: 21Week of 2026-09-21: 4Week of 2026-09-28: 12Week of 2026-10-05: 492Week of 2026-10-12: 146Week of 2026-10-19: 2

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

Cited in the VFA record

“Where this provision is cited”

SI Solutions (146)

Showing the 25 most recent. All 146: JSON.

grades (594)

Showing the 25 most recent. All 594: JSON.

roll-call votes (842)

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.