Revision of the Eighth Amendment

The Bill of Rights is a very important document for US citizens. The Bill of Rights is the beginning of the US Constitution, which consists of the first 10 amendments to define our fundamental rights as US citizens. That guarantees that our freedom can not be deprived from us. However, I think there are a couple of fixes to fix in 10 items, which will be the eighth amendment. The contents of the Eighth Amendment is "There is no excessive bail, excessive fine, cruel and unusual punishment" (Legal Dictionary).

This right arises from "the fundamental principle of justice, that is, punishment of crime should graduate and be proportional to crime". All dignity. . Like other extended words of the Constitution, the prohibition of "cruel and abnormal punishment" is explained in the sentence by considering the history, tradition and precedents, considering the purpose and function of the constitutional design It must be. In order to implement this framework, we need to establish adequacy and refer to "a decent criterion that shows progress in a mature society" in order to determine which punishment is cruel and unusual as they are disproportionate I confirmed the sex.

If the eighth amendment proposes a normal rule of law, the role of the court should be actually what that law is. However, the announcement of the eighth amendment by the courts always reflects "decent standards of developmental development" in our society, and for those judges at the time, these standards are distinguished from our practices It is meaningless to do. . Scalia's claim on this. Since Trop talks about "progress of mature society", Trop v. Dulles, 356 US 86, 100-101 (1958), so it is misleading to say that it is considering "the changing reflection of society". Since Trop considers universally changing tolerance in punishment, please consider longer things. See notes 133 to 135 below and attached text. On the other hand, it is appropriate to say that Trop can exclude another judicial analysis of the trend if it concludes that the judge will expand the ban on the first atrocities.

Constitutional historicism: Test of the evolutionary standard of the eighth revision William C. Heffernan