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U.S Constitution’s Eighth Amendment
Since the ratification of the Eighth Amendment nearly two hundred and twenty two years ago, the citizens of the United States have been under constitutional protection from excessive bail, fines, and unusual or cruel punishment. The following examines and gives a brief analysis of the origination and history of the eighth amendment, along with the provisions/clauses contained within the amendment. In addition, I think an amendment requiring a limitation on immigration and immigration services should be added as the twenty-eighth amendment to the United States Constitution.
History of the Eighth Amendment:
The eighth amendment was passed by congress on September 25, 1789. Back in ratified in 1791 as part of the Bill of Rights to protect individual freedoms from being infringed upon by the government. The language of the amendment has been traced back to the year 1215. In that year, the British drafted what is known as the Magna Carta of 1215. Within the Magna Carta came up the idea that “punishments ought to fit the crime.” With that, the provision in the eighth amendment directly states that there is protection from any cruel or unusual punishment. “Passed by Congress September 25, 1789. Ratified December 15, 1791.” This amendment, which was modeled closely after the English Bill of Rights of 1689
Excessive Bail Clause:
The first clause of the eighth amendment, protects U.S citizens from being held in jail on excessively high bail. The purpose of bail is to free citizens while they await their trials because they can’t be “deprived of life, liberty or property without due process of law.” Specifically, “bail is money that a criminal defendant (a person charged with a crime) pays in order to be...
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...with the eighth amendment, it would a feasible idea to clearly express the limitations that come with bail, fines, and punishment. My proposal for the twenty eighth amendment is not created to offend anyone personally within the course, but serve as a general purpose for a real life proposal on how the United States should tackle the immigration problem.
Works Cited
http://www.revolutionary-war-and-beyond.com/8th-amendment.html http://www.slate.com/articles/news_and_politics/jurisprudence/2013/11/guillotine_death_penalty_lethal_injection_is_cruel_and_unusual_punishment.html http://www.oyez.org/cases/2000-2009/2002/2002_01_6978 http://www.heritage.org/research/reports/2013/05/the-fiscal-cost-of-unlawful-immigrants-and-amnesty-to-the-us-taxpayer http://www.heritage.org/research/reports/2013/05/the-fiscal-cost-of-unlawful-immigrants-and-amnesty-to-the-us-taxpayer
The Constitution guarantees that no person shall be deprived of life, liberty, or property without being taken to court for a fair trial, but that means nothing if the people are not willing to uphold it (Fifth Amendment).
The Eighth Amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Eighth Amendment has two specific “elements” which define an individual’s actual rights retaining to the Eighth Amendment. The first “element,” “excessive bail shall not be required, nor excessive fines imposed” states that fines or bail should not be overly unobtainable or imposed on an individual. The second “element” of the Eighth Amendment, “cruel and unusual punishments inflicted,” states that cruel or unusual punishment will not be inflicted.
The Supreme Court developed the laws governing Victim Impact Statements based on what they thought was a constitutional conflict where the punishment may be enhanced when a statement made by the victim or family may have more of an impact on the sentencing authority than the severity of the crime (Stevens 2000). Or that the victim impact statement may draw the juries attention away from the evidence at hand and the case being decided through emotional not evidence based means. The Eighth Amendment requires that no excessive bail be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted.
The nineteenth amendment has changed the way women were treated and looked upon.There are many ways the nineteenth Amendment has changed in a bad was, but most of them have made a positive impact. Some people went along with the 19th amendment but some people didn’t think it was a good idea. Some people don’t know what or how the 19th amendment changed positively for women. But this paper is gonna show you all the ways it has positively changed the way people view and act towards women.
An argument against the 22nd is that it deprives voters of their right to reelect the candidate of their choice which is seen as undemocratic. It does not deprive citizens of their right to elect, because the Electoral College negates that argument. The Electoral College is a body of people representing the states of the US, who formally cast votes for the election of the president and vice president1. This is not based off the popular vote, which is from the people. The people can vote for a person and give them a significant number of votes but the electoral may not chose that person as president. The amendment was not created to
Attempt by Congress to strike a balance between society's need for protection from crime and accused right to adequate proce...
The 22nd Amendment is to prevent the United States of America from turning into a dictatorship by cutting down the terms you can serve to two four year terms and to limit the power one person can receive. The 22nd is an amendment that protects not only the U.S. but the people that reside there as well. It’s the story of how the constitution had no term limit for the president to run for to how it came to be two term set by the example of the first president.
The Bill of Rights is a very important document to American citizens. The Bill of Rights is the beginning part of the American Constitution which is made of the first ten amendments which state our basic rights as United States’ citizens. It ensures us of our freedoms that cannot be taken away from us. However, I do believe that there is a certain amendment out of the ten that should be revised; this would be the Eighth Amendment. The Eighth Amendment reads “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (Legal Dictionary). I believe that this is the only amendment that needs to be revised in the Bill of Rights. I think that if someone was to commit a horrendous crime that excessive bail and fines or cruel and unusual punishments could be necessary in some extreme cases. I am not saying that it is okay that someone should be beheaded, burned alive, or being dissected publically (Cornell Law), but some more minor things could be in ways acceptable. However, I do find it very reasonable to hold someone with excessive bails and/or fines. I think that it is very fair if the government was to hold a bail or fine that is extremely high on someone if they commit certain crimes. If I were personally able to rewrite the Eighth Amendment I would write it as “Excessive bail or fines should not be imposed unless it fits the crime committed, cruel and unusual punishment should also not be imposed unless the need was to arise where the crime was extreme enough for all the jury members should agree on a cruel or unusual punishment.” I think that the Eighth Amendment should be revised because of the extreme crimes that are now being committed are far worse to those compared to...
I think that executing a minor violates the 8th amendment, “No cruel or unusual punishment.” If a little kid makes a mistake and accidentally shoots a gun or does something that kills someone, and they are executed I think that that falls under cruel and unusual punishment.
According to the Tenth Amendment in the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Though last in the Bill of Rights, it is one of the most powerful and ever changing in interpretation over the course of America’s history. Some historical events that altered its meaning include the Civil War, The Civil Right’s Movement, and even modern event’s like the Supreme Court ruling on gay marriage. In this paper I will discuss how the Tenth amendment has a large effect in both America’s history, but also how it is now portrayed America’s present.
The first two issues that eighth amendment prohibits is excessive bail and fines. The excessive bail clause prohibits courts from demanding excessively high amounts of bail, and the excessive fines clause prohibits courts from charging excessively high amounts of fines. The Constitution does not give a clear meaning on what “excessive bail and fines” means, but the Stack v Boyle case did (Lemieux, "The Supreme Court's Empty Eighth Amendment Promise”). Stack v Boyle was a U.S Supreme Court case where the bail was set at an amount of $50,000 which was higher than the bail set with similar and even more serious cases. This case established that bail and fi...
“Criminal Law and Procedure -Eighth Amendment- Juvenile Life Without Parole Sentences: Graham v. Florida” (2009) Harvard Law Review. N.p., n.d. Web. 6 Apr. 2011.
The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787.
Many call capital punishment unconstitutional and point to the Eighth Amendment of the Constitution for support. The amendment states that, "Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishment be inflicted." Those who oppose the death penalty target the 'cruel and unusual' phrase as an explanation of why it is unconstitutional. Since the Framers of the Constitution are no longer with us and we base our nation on the words in which that document contains, the legality of the death penalty is subject to interpretation. Since there is some ambiguity or lack of preciseness in the Constitution, heated debate surrounding this issue has risen in the last ten years.
Do you know how the 19th Amendment was formed? The Amendment was brought to congress over women suffrage. These women fought for their rights for 70 years. Finally getting the amendment ratified on August 18, 1920. The 19th Amendment states that “the right of citizen of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.” Women’s suffrage leads to the build up of the 19th Amendment.