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The Supreme Court has interpreted the Fifth Amendment's Due Process Clause to provide two main protections: procedural due process, which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, and substantive due process, which protects certain fundamental rights from government interference. The Fifth Amendment's Due Process Clause applies to the federal government, while the Fourteenth Amendment's Due Process Clause applies to state governments. Like the Fourteenth Amendment, the Fifth Amendment includes a due process clause stating that no person shall "be deprived of life, liberty, or property, without due process of law". The Fifth Amendment also contains the Takings Clause, which allows the federal government to take private property for public use if the government provides "just compensation". Arizona, the Supreme Court held that the Self-Incrimination Clause requires the police to issue a Miranda warning to criminal suspects interrogated while in police custody. "Pleading the Fifth" is a colloquial term often used to invoke the Self-Incrimination Clause when witnesses decline to answer questions where the answers might incriminate them. The Self-Incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which he or she is a defendant. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury, which the Court ruled does not apply to the state level.

The Supreme Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment. The Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment ( Amendment V) to the United States Constitution creates several constitutional rights, limiting governmental powers focusing on criminal procedures.