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Abstract

The paragraph which constitutes the fifth article of our Constitution’s Bill of Rights contains within its brief compass a surprising number of our most precious and most effective guaranties of individual freedom against the collective power of the federal government. But in the list of recent events a reference to the Fifth Amendment is not likely to call to mind the guaranty of indictment by a grand jury, the protection against double jeopardy, the prohibition against the taking of private property for public use without just compensation, or even the fundamental assurance that we shall not be deprived of life, liberty, or property without due process of law. Today when we hear of the Fifth Amendment, we naturally think of that clause of the Amendment that reads: “No person . . . shall be compelled in any criminal case to be a witness against himself,” and it is of course this clause that I mean to discuss.

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