4.1.1 Study: The Bill of Rights In Depth
The Fifth Amendment offers powerful protections for citizens' civil liberties,
including property rights and personal rights. Review two fictional cases to see how
this works in practice.
Fifth Amendment Issues: Property Rights
According to the eminent domain clause,
the U.S. government may take private
property for public use, but it has to pay a
fair price for it.
The residents of a neighborhood are angry
that their homes are going to be destroyed
to build a freeway. They organize a homeowners' council, petition the state to
put the freeway somewhere else, and hold meetings with the state
Department of Transportation. They also sue the state in court. In the end,
however, they lose the case. While they are paid for their property, they are
unhanny at the loss of their neighborhood
How does the right to due process affect this situation?