Bill of rights 8th Amendment Where did our laws come from? The Eighth Amendment is the Amendment that focus on the state of law. The Eighth Amendment came from the Bill of rights where our founding fathers decided that we should have 10 Amendments of law that we have to follow. The meaning of the Amendment is the impact on the law state of law. The Rules of rights from the 8th Amendment ‘’Unless this right to bail before trial is preserved the presumption of innocence secured only after centuries of struggle, would lose its meaning. The U.S supreme court has ruled that this is a Amendment cruel and unusual punishment cause also applies to the states. The court concluded that the death penalty as a punishment for murder does not itself
New York Times (NYT) column-writer, conversely a certified lawyer, Adam Liptak, in his article, “Supreme Court Rejects Alabama Death Row Inmate’s Appeal”, describes how a death-row inmate from Alabama requests death by a firing squad as opposed to lethal injection, that contains the sedative midazolam, for his death sentence, but was rejected by the Supreme Court of the United States. Liptak’s purpose is to demonstrate that the Supreme Court’s decision to reject the appeal may have been unconstitutional due to the means of execution by lethal injection causing “prolonged torture” rather than a quick death due to midazolam, which disputes the eighth amendment in the Bill of Rights, the first ten amendments of the U.S. Constitution. Liptak develops
Roper V Simmions, Falls under the 8th amendment cruel and unusual punishment. In Roper V Simmions there was a 17 year old boy with a mental disabitliy who commited a premediated murder was orginally being tried for the death penalty. In this case however there was another individual who did assist in the murder. He wasnt declared “mentally fit” for the trial but some felt his crimes were heneous enough to warrent the death penalty.
Upon reading the U.S. Constitution, Article I, Section 8 stood out for me. The reason being is that it was not contained in the Articles of Confederation. In Section 8, it says that Congress will have the power to impose and collect taxes. This was a step from the Articles of Confederation that they once followed. This was one of the many problems that they had.
The tenth amendment states all the federal powers and rights that are not stated in the Constitution are reserved for the States. The eleventh amendment adds that any U.S citizen can sue a state. Lastly, the twelfth amendment explains process of electing a President and
The 8th Amendment is stated as simply as this: “Excessive bail shall not be required, nor excessive fins imposed, nor cruel and unusual punishments inflicted.” We do know some things about the history of the phrase “cruel and unusual punishments”. In 169, a full century before the ratification of the United States Constitution, England adopted the Bill of Rights that prohibited “cruell and unusuall punishments”. In 1776, George Mason included a prohibition of cruel and unusual punishments in the Declaration of Rights he drafted for he Commonwealth of Virginia. In 1791, the same prohibition became the central component of the 8th Amendment to the United States Constitution.
The Bill of Rights is the first ten amendments to the United States Constitution. It was created to protect certain rights that were not obviously granted and protected in the Constitution. It does this extremely well. Philosopher John Locke spoke about how the people feared a government that was too powerful, they did not want a tyranny. They had just escaped the rule of King George and the English monarchy and they wanted a system of government with limited power.
The Bill of Rights Chapter 2 of the Constitution paves a way for the protection for the individual from the power of government and the individual other. The two fundamental human rights to be discussed are; the freedom of expression and the freedom of privacy. Every individual qualifies for the rights/freedoms that are listed in the constitution, contrary to the given freedoms there are limitations by law. For as much as we are all entitled to fundamental human rights, we are all ought to be responsible when exercising our own rights and think of the other or next person who has the same rights/freedoms. The right to freedom of expression is limited and conditioned to where one could possibly harm other people.
Of the ten amendments in the Bill of Rights, the most important one in my opinion is the first amendment. The First Amendment protects the freedom of speech, religion, and the press, as well as the right to assemble and petition. In parts of the world you may face execution for speaking, assembling, or petitioning against the government, including members of the press, or following a different religion. Thus I consider myself very lucky to be living in a country who grants it 's citizens such
But are we in the future to be prevented from inflicting these punishments because they are cruel? If a more lenient mode of correcting vice and deterring others from the commission of it would be invented, it would be very prudent in the Legislature to adopt it; but until we have some security that this will be done, we ought not to be restrained from making necessary laws by any declaration of this kind’ “ (Bomboy). In other words, Livermore was arguing that all citizens who commit horrible crime do deserve severe punishments for the crimes that they commit, and until the government figures out a way to place restrictions and guidelines on the penalties that we believe are morally proper to give, then they cannot hold back from reprimanding those citizens. Consequently, The Founding Fathers created the Eighth Amendment to be intended for further generations to interpret the meaning of “cruel” and “unusual” over time (Donnell). The amendment was then ratified in 1791 nevertheless, the Eighth Amendment and the death penalty is still highly debated today because the differences in interpretations
The Eighth Amendment is all about punishment. In the Amendment it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”, as well as allowing the Death Penalty. I believe this Amendment is right. Because of the fact that cruel and unusual punishment wouldn’t be fun, I believe the Death Penalty should be legal, and excessive fines would be crushing to our economy. Cruel and unusual punishment would not be fun.
In the United States Constitution, rights of the accused are ensured in various places. The fifth and fourteenth amendment both contain a due process clause, which ensures that nobody can be denied liberty without due process of law. Some may use this clause to argue that refusing bail to people, thus keeping them in jail before being tried, is unconstitutional. Another way in which people could argue that denying bail to anybody violates the Constitution is through the eighth amendment, which prohibits excessive bail; in this case, the interpretation of “excessive bail” is not providing any opportunity for bail. Most other democracies guarantee rights of the accused similar to those provided in the United States Constitution, allowing for similar arguments to be made in other countries.
In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.
The First amendment to the US Constitution is known as the bill of rights. The bill of rights is a broad generalization of the freedoms guaranteed to US citizens, these rights include; freedom of speech, freedom or religion, right to bear arms and many more. The Texas Constitution also list outs these rights, except go into much more detail (Maxwell, Crain, & Jones, 2014). For example, in the US constitution, it states that we have the freedom to practice any religion we choose.
It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.
In addition, cruel and unusual punishment is cited in the Eighth Amendment along with 18 United States