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?
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.
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