In the discussion of the 8th amendment, this paper will examine: the history of the 8th amendment, the interpretations made by courts regarding 8th, and how the 8th affects us today. The Amendment first was ratified in 1791 along with the nine other amendments to form the bill of rights. The bill of rights is used to “lists specific prohibitions on governmental power.” (“Bill of Rights”). By doing this, the government has less power to not make the citizens feel like that even the government has to follow some sort of procedure and would stabilize the power the government has from having either too much or too little. (Hurst v. Florida) (Furman v. Georgia (intro)) From this case, it showed how “it has been assumed in our decisions that punishment by death is not cruel, unless the manner of execution can be said to be inhuman and barbarous” (“FindLaw's United States Supreme Court Case …show more content…
One example being if modern punishments used today, like extended use of solitary confinement and use of lethal injections to kill them violate the amendment (Stevenson et al). Some believe that because both of these methods might cause both physical and mental health issues, it should violate because of the belief that if the punishments “are deliberately designed to inflict pain for pain’s sake, and are objectively harsher than punishments permissible in 1791” (Stinneford), then they must go under the cruel and unusual category. There are some flaws that could be considered for this belief, though, like for cruel punishments that were still allowed in the 1800s can be easily compared to some used today. Also, the pain that some of the ones executed went through could unexpected and wasn’t meant to happen in their punishment, causing a lot of lawsuits and suing to happen from the
The only information the officers were given was shots fired but, Deputy Murphy’s comment “if I have to go in there myself I’ll charge him with anything I can find” Is over the top and unnecessary. He didn’t know what the situation was I think the officers were right to enter his house to make sure anybody in the house is ok. Since the only information they had was shots fired the officers messed up when he took the mans keys to get into his gun safe that’s when his 4th amendment rights were violated.
IV. Addressing the opposition A. Argument 1 The Plaintiff has argued that this regulation is in best interest for the public and provides security for the society as a whole. They want the regulation to be considered Constitutional because it was voted on by the majority and therefore, it is in the best interest of the community and should therefore be enacted. This argument does not speak to the constitutional issue of the case. The Supreme Court’s main objective is to protect individuals and minorities from oppressive government.
U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995). Facts: The people of Arkansas voted to add term limits to the Houses of Congress. Preventing candidates’ names from appearing on the ballot if they had served: 2 terms in the Senate and 3 terms for Representatives. The Arkansas Supreme Court held that the law was unconstitutional. It was appealed to the United States Supreme Court and affirmed the decision.
Sam-The Eighth Amendment ways have always been changed and interpreted throughout years. To begin with the Thompson v. Oklahoma case. Thompson, who was 15 participated in a brutal murder. He was then tried as an adult, and was ruled for the death sentence. However, it was then overturned since he was 15.
Furman v. Georgia. Furman v. Georgia was a famous supreme court case that put restrictions on the death penalty in the state of Georgia and across the Unites States. Before this case, the death penalty had many unfair, racist, and random results (Blanco). Set in the late 1960s, Furman v. Georgia was a case most famous for withholding the death penalty on historically oppressed people in the state of Georgia. There is not much on William Henry Furman other than the fact he was a poor black man who was born in 1941, and held a sixth grade education (Blanco).
Argument Paragraph #1 for “First Amendment Junky” Some things are just better left unsaid, because the wrong words in the right hands will be unassailably distressing. So why even take the risk on not condoning censorship when we’ve all met that 1 person with loose lips that has said something deviously spiteful. To clarify, devious means showing a skillful use of underhanded tactics to achieve goals and spite means a desire to hurt, annoy or offend someone. The fact that these words, even exists makes me question those who question censorship.
Is it possible the fourth amendment to still cause discussion in modern time? Yes. Back in 2014, two cases involving the fourth amendment came up. There was the US V. Wurie and Riley V. California. Cornell University discussed how the amendment hasn't been overviewed in the light of new technology.
On this day in history January 31st, 1865 what is known as today the 13th Amendment was passed by congress. By being passed it was put into the United States Constitution, officially ended the institution of slavery. President Lincoln was successful for passing the law during the Civil War. Lincoln said “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to the jurisdiction.”
There was a recent storm in Hollywood, Florida that left many homes without power. This storm also affected prisoners that were still kept in prisons that lacked of power, supplies, and plumbing during the emergency. This situation relates to The Eighth Amendment. The Eighth Amendment protects people from “cruel or unusual punishment”. Some might view that keeping them in prisons is wrong and against their will.
The Ninth Amendment states: “The enumeration in the Constitution, of certain rights, shall not be constructed or deny or disparage others retained by the people” (Bill of Rights). This amendment was made to protect people’s rights. Including things like marriage, abortion, slavery, and police conduct. However, this modification has been compromised several times in the past and the present.
The Second Amendment protects the right of people to keep and bear arms. This amendment was a controversial among different people in the government. It was between letting the people keep their weapons or to not let the people keep their weapons. This amendment was important to the framers of the Constitution because it provided the country with a well-regulated militia. The Second Amendment states "A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.
To start off with the most important thing about the 4th amendment is that we the people should for safe to go in public and not be afraid to be searched unless the police have probable cause, and reasonable suspicion. The first question i'll be addressing is what fundamental should a American have in the 4th Amendment. Katz v Ohio is a perfect example of what fundamental should a American have in the 4th Amendment, Katz was convicted under an 8-count indictment. I believe the government went too far by attaching a device to hear his conversations, that's invading personal privacy with a non probable cause. The next reason i'll be presenting is writs of assistance.
Angela Davis Once said “Well for one, The 13th Amendment to the constitution of the U.S. which abolished slavery, did not abolish slavery for those convicted of a crime.” Although the amendment was desperately needed it made more problems for the U.S.The thirteenth amendment was about abolishing slavery. Many people had different opinions about this amendment. The amendment affected our nation dramatically. The 13th amendment to the United States Constitution says that, "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
On July 9, 1868, the Fourteenth amendment was formally introduced to the Constitution and granted citizenship to “all persons born or naturalized in the United States.” These words have as an ideal purpose that all levels of the federal government must operate within the law and provide fair conditions for all people. As a result, the states had a obligation to the public. Through the Fourteenth amendment, states were forbidden from denying any person “life, liberty, or property, without due process of law” or to “deny any person within jurisdiction the equal protection of laws.” By directly mentioning the role of the states, the Fourteenth amendment also expanded civil rights to African American slaves who had been emancipated after the American Civil War.