Bill of Rights8th, 9th and 10th Amendments

8th Amendment “Excessive bail shall not be required,

nor excessive fines imposed, nor cruel and unusual punishments inflicted”

Essential Questions: What is “cruel and unusual”? What is “Excessive”? State of the death penalty/ torture?

8th Amendment cont. Origins in the English Bill of Rights of

1689 “ … that excessive bail ought not to be

required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

What is the difference between the statements?

video

Supreme Court Cases Furman V. Georgia (1972)

Established that there are four principles by which we may determine whether a particular punishment is “cruel and unusual” The punishment must not be degrading to

human dignity The punishment can not be inflicted arbitrarily The punishment can not be clearly and totally

rejected throughout society The punishment can not be patently

unnecessary

Supreme Court Cases cont. Graham V. Florida (2010)

A life sentence without any chance of parole , for a crime other than murder, is cruel and unusual for a minor

Miller V. Alabama (2012) Mandatory life sentences without parole cannot be

imposed on minors, even for homicide. Roper V. Simmons (2005)

Executing people who were under 18 at the time of the crime declared a violation of the 8th amendment

Atkins V. Virginia (2002) Executing the mentally handicapped declared a violation

of the 8th amendment

9th Amendment “The enumeration in the Constitution of

certain rights, shall not be construed to deny or disparage others retained by the people”- 9th Amendment Other fundamental rights should not be

denied protection simply because they are not listed

Paraphrase: The Bill of Rights is not all inclusive.

Video

9th Amendment Cont. Various interpretations Gun Rights

An individuals “fundamental natural right” to “bear arms” can be supported by the ninth amendment

Roe v. Wade (1973) Ruled in favor of a 9th amendment right

for women to choose to have an abortion

10th Amendment “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”

Limiting the power of the federal government

Establishing States Rights Healthcare?

Expansion of Federal Power Three Clauses have been used by the federal government to

expand federal power: The Commerce Clause

“To regulate commerce with foreign Nations, and among the several states, and with Indian Tribes”

The Taxing and Spending Clause The Congress shall have power to lay and collect taxes, duties,

imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States….

The Necessary and Proper Clause “ The Congress shall have the power- To make all Laws which

shall be necessary and proper for carrying into Execution the foregoing Powers, and all other powers vested by this Constitution in the Government of the United States

Supreme Court Cases South Dakota Vs. Dole (1987)

The Supreme court allowed the Federal Government to dictate the legal drinking age to the states

The federal government had passed a law suspending 10% of highway funds from any state that refused to pass a law setting the legal drinking age at 21