THE 8TH AMENDMENT

8TH AMENDMENT

• Excessive bail should not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

HISTORY

• Based on the English Bill of Rights of 1689
• The english provision is based on the case of Titus Oates, an englishman who used perjury
• to get people killed. He was imprisoned and taken out annually to be tortured.
• Excessive bail originated from sheriffs abusing their powers
• Virginia adopted these provisions in the Virginia Declaration of Rights of 1776 and recommended them to be added to the constitution

HISTORY CONT

• It was added to the Bill of Rights in order to appease those who opposed the constitution

NEED

• The amendment prevents mistreatment of certain individuals and keeps everything fair and equal
• Without the Bill of Rights the Constitution might not have passed at all

CONTROVERSY

• Anti-federalists called for a Bill of Rights to solve some of their issues with the Constitution
• Federalists had no choice but to pass the Bill of Rights if they wanted to guarantee that the Constitution would pass.
• Federalists argued that amending the Constitution so soon would be a sign of weakness
• After a long debate the Federalists began to support the Bill of Rights and it was passed
• Anti federalists in part began to oppose it when they realized it would lessen the chance of another Constitutional Convention

PASSAGE

• The Bill of Rights amendments were passed as "supplemental additions" to the original Constitution
• 2/3 of each house of Congress and ratified by 3/4 of the state legislatures
• The amendment in particular made citizens much less likely to carry out that type of punishment
• The problem was partially addressed and removed from the country for the most part but a few loopholes keep
• it from fully reaching its goals

NOTABLE CONNECTIONS

• The 1910 case of Weems v. United States marks the first time Judicial Review was used
• to overturn a case on the grounds of Cruel and Unusual Punishment.
• The 1972 case Furman v. Georgia was the first challenge to capital punishment where a death sentence
• of a convicted rapist and murderer was overturned. It was still not considered unconstitutional in the long term.
• James Madison was the first author of the Bill of Rights. George Mason authored the VA Declaration of Rights