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* "seizure" of a person = arrest or detention}}'''. | * "seizure" of a person = arrest or detention}}'''. | ||
===Amendment 5=== | === Amendment 5 [legal protections, due process & takings clause === | ||
'''{{#tip-text:Fifth Amendment overview|Fifth Amendment: | '''{{#tip-text:Fifth Amendment overview|Fifth Amendment: | ||
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** ex., one's right to hold a job or a right to privacy | ** ex., one's right to hold a job or a right to privacy | ||
** substantive due process is problematic in that it involves Court "creation" of rights not in laws drawn by the Constitution or legislatures}}'''; nor shall private property be '''{{#tip-text:taken for public use, without just compensation|"Just Compensation Clause" | ** substantive due process is problematic in that it involves Court "creation" of rights not in laws drawn by the Constitution or legislatures}}'''; nor shall private property be '''{{#tip-text:taken for public use, without just compensation|"Just Compensation Clause" | ||
* also known as the "Takings Clause" | |||
* = the government may seize property for "public use" | * = the government may seize property for "public use" | ||
** i.e., to build a park or a road | ** i.e., to build a park or a road | ||
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** however, "Kelo" is Federal law and has allowed for a "broad" or "expansive" interpretation of what constitutes "public use"}}'''. | ** however, "Kelo" is Federal law and has allowed for a "broad" or "expansive" interpretation of what constitutes "public use"}}'''. | ||
===Amendment 6[ | ===Amendment 6 [trial and court protections]=== | ||
{{#tip-text: | {{#tip-text: asdf|asdf | ||
}}''' | |||
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,=== | In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,=== |