Questions tagged [eighth-amendment]

The Eighth Amendment to the U.S. Constitution, which addresses excessive bail and cruel and unusual punishments.

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What does the US Constitution's Eighth Amendment mean by “punishment?”

Historically, the word "punishment" in the Eighth Amendment refers to sentences imposed by a court after a defendant has been found guilty of a crime. However, it seems to me that actions ...
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Is cruel and usual punishment constitutional?

The U.S. Constitution’s bill of rights prohibits “cruel and unusual punishment”. I am asking about a catch: cruel and usual punishment. If a punishment were determined to be cruel but is commonplace ...
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Does originalism address how to amend the Constitution for changing values?

Originalism is a method for interpreting law by enforcing what the text meant to the people who originally wrote it. Following originalism rights are adjusted to the current values of people by ...