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Eighth Amendment (1791)

This amendment prohibits excessive fines and bail, as well as cruel and unusual punishments. The phrase “cruel and unusual punishments” first appeared in the English Bill of Rights. In colonial America, the British often employed branding, whipping, public humiliation and extremely long prison sentences for minor offenses. The Founders believed that justice requires that even those people found guilty of crimes be protected from this kind of treatment.

James Wilson lectured on justice and punishments, saying in 1791, “A nation [that tolerates] cruel punishments becomes dastardly and contemptible. For in nations, as well as individuals, cruelty is always attended by cowardice.” He argued that punishments should be swift, certain, and moderate in order to be effective and prevent further crime.

Landmark Supreme Court cases concerning the Eighth Amendment include Gregg v. Georgia (1976).

Rule of Law Video

Rule of Law Video

Do you understand why the rule of law is important for maintaining free society? This short, engaging video on the constitutional principle of the rule of law. Exciting visuals from current events, a historical narrative, scholar interviews, and quotes will make this 8-minute video perfect for use with students!

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