We have been covering the US Constitution line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. We have finished the main body of the Constitution. Now we continue with the Amendments. You can find the last article on the main body of the Constitution here. It has links to all the others. The text comes from The US Constitution. Previous articles in the Amendment series:
Article I
Articles II and III
Article IV
Article V
Article VI
Article VII
Article [VIII]
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The Eighth Amendment is pretty straightforward. Exactly what constitutes “excessive” is purely subjective. The interpretation has changed over time and will continue to do so. There can be no doubt that torture is cruel and unusual punishment, and that adds the Eighth to the list of things in the Constitution that Republicans have violated.
The controversy in this Amendment arises over capital punishment. In my opinion, it has been constitutional for most of our national history, but is rapidly becoming unconstitutional. To be unconstitutional a punishment must be both cruel and unusual. Few things are more cruel than snuffing out the life of defenseless individuals, regardless of what crimes they may have committed, unless it is mandatory to preserve public safety. Life imprisonment without possibility of parole removes that mandate. Nevertheless, for most of our nations history, capital punishment has been the usual means for dealing with the most egregious crimes, worldwide. However that is changing. Virtually every civilized nation on earth has outlawed the death penalty. Only eighteen nations executed prisoners in 2009. The US ranked fifth behind only China, Iran, Iraq and Saudi Arabia. Therefore capital punishment is unusual as well. There are other constitutional issues surrounding capital punishment, but they do not involve this Amendment. Republicans favor expansion of capital punishment and elimination of the rights of criminal defendants in capital cases.
12 Responses to “Constitutional Amendments: Article VIII”
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I agree with you when you said recently, that we must protect the rights of even accused criminals.
There is a movement afoot in Canada to be hard on crime while it seems to me that a collusion of Big Provincial Governmet, Big Business and organized crime seems to run the show….But God damn you if you light a cigarette! You can be jailed.
Ivan, the hard on crime movement wants us to focus on street crime and ignore the far more destructive corporate crime.
I agree with you when you said recently, that we must protect the rights of even accused criminals.
There is a movement afoot in Canada to be hard on crime while it seems to me that a collusion of Big Provincial Governmet, Big Business and organized crime seems to run the show….But God damn you if you light a cigarette! You can be jailed.
It was worth saying twice. 😉
“Republicans favor expansion of capital punishment and elimination of the rights of criminal defendants in capital cases.”
Yet the Republicans claim to be the protectors of the Constitution, and claim the Democrats are destroying the Constitution. And they have convinced millions to believe that.
One can expect politicians to say all sorts of things, that are not true. It’s sad the people have not put more care and investigation into the truth, before they simply follow political talking points.
Tom, there is nothing more sickening then the way Republicans didplay their paper Constitutions, wave their flags, and hold up their Bibles, while pissing on all three.
You guys changed my mind about capital punishment. For that I thank you. And Tom is right on the nose with his comment.
Lisa, thank you for having an open mind.
I used to for Capital Punishment when I was young. Now I realize mistake can be made and have. I trust no Government to administer Capital execution.
Tim, 25% or more of the people executed in the US in the last century were probably innocent. Because losing a capital murder case can ruin a prosecutor’s political career, prosecutorial misconduct is common, and frequently has not been discovered in time.
I am extremely uncomfortable with the death penalty but I still feel in some areas it is needed. The death penalty in my book would be reserved for child killers but only when there is a clear link like store surveillance video tape of the accused leading the child away. Am I being logical about that exception? Probably not, but I still hold to the idea that some people are truly evil and need to be put down like a rabid dog.
Beach, I hear you, but the problem is, if we allow it at all, where do we stop. If child killers, why not cop killers, and why not serial killers, and why not woman killers … and why not jaywalkers.
As I see it, whether or not to sanction killing prisoners is not anout what they did. It’s about who we are.