Who wrote the 8th Amendment?

Asked by: Trystan Gutmann  |  Last update: June 28, 2022
Score: 4.1/5 (53 votes)

James Madison, the author of the amendments, included the 8th Amendment in his original list of twelve amendments. The first Congress and the states adopted ten of them. These first ten amendments are known as the Bill of Rights.

Who proposed the 8th amendment?

Ultimately, Henry and Mason prevailed, and the Eighth Amendment was adopted. James Madison changed "ought" to "shall", when he proposed the amendment to Congress in 1789.

When was the 8th amendment created?

The U.S. Constitution's Eighth Amendment, ratified in 1791, became the law of the land more than 100 years after the Glorious Revolution, though that provision of the U.S. Bill of Rights was shaped by the Enlightenment as well as by early American understandings of English law and custom.

Where did the Eighth Amendment come from?

The Eighth Amendment comes almost verbatim from the English Bill of Rights (1689).

Why did they make the 8th amendment?

The Eighth Amendment was put in place to prevent the government from excessively punishing defendants and criminals before and after trial. Punishment is any action taken against a person who has committed an offense.

The Eighth Amendment Explained: The Constitution for Dummies Series

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Who protects the 8th Amendment?

The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining ...

What does the 8th Amendment mean in kid words?

The Eighth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. This amendment insures that the punishments for crimes are not excessive, cruel, or unusual.

Why is the 8th Amendment controversial?

The 8th Amendment is controversial because the terms 'cruel and unusual' have been considered subjective terms and the courts have been divided on how to read the 8th Amendment. For example, the death penalty is still legal in some states while other states find it cruel and unusual.

What violates the 8th Amendment?

The Eighth Amendment prohibits the government from subjecting a person found guilty of a crime to cruel and unusual punishment. The Supreme Court has held that any condition that amounts to “the unnecessary and wanton infliction of pain” violates the Eighth Amendment.

When was the Constitution written?

On September 17, 1787, 39 of the 55 delegates signed the new document, with many of those who refused to sign objecting to the lack of a bill of rights. At least one delegate refused to sign because the Constitution codified and protected slavery and the slave trade.

Who opposed Bill of Rights?

The Federalists opposed including a bill of rights on the ground that it was unnecessary. The Anti-Federalists, who were afraid of a strong centralized government, refused to support the Constitution without one. In the end, popular sentiment was decisive.

Why the death penalty violates the 8th amendment?

In Furman v. Georgia, 408 U.S. 238 (1972), the Court invalidated existing death penalty laws because they constituted cruel and unusual punishment in violation of the Eighth Amendment.

Is the 8th amendment still relevant today?

The eighth amendment is very important because it guarantees many “freedom from” rights. For example, it protects Americans from cruel and unusual punishments. Without the eighth amendment many people would be punished in an inhumane manner based on the morals of the judge.

What did William and Mary agree to?

Reigned: 1689-1702

Soon after their arrival, William and Mary accepted The Declaration of Rights, which were conditions of their rule set out by Parliament. Although they were recognized as the heads of state, it was unusual to have two joint rulers, and they could not pass laws without Parliament's approval.

What did William Blackstone invent?

William Blackstone (1723–1780) authored what is arguably the most influential treatise on the laws of England. Blackstone attended Oxford University and practiced law briefly before being elected as a fellow of All Souls College at Oxford.

Which amendment said states could not prevent someone from voting based on their race?


The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of ser- vitude. SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.

What events led up to the 8th amendment?

The Eighth Amendment Defined:

The Eighth Amendment was inspired by the case in England of Titus Oates, who was tried by the court system for multiple acts of perjury, which led to the executions of many people whom Oates had wrongly accused of grave crimes.

What is the exact wording of the Eighth Amendment?

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Can you sue for cruel and unusual punishment?

Prisoners filing claims of cruel and unusual punishment are normally required to administratively exhaust those claims before filing their case in court. The administrative process can differ by state but usually involves submission of a form detailing the events at issue and requesting relief from the prison system.

Does lethal injection hurt?

If the person being executed were not already completely unconscious, the injection of a highly concentrated solution of potassium chloride could cause severe pain at the site of the IV line, as well as along the punctured vein; it interrupts the electrical activity of the heart muscle and causes it to stop beating, ...

What would happen if the 8th amendment didn't exist?

The Supreme Court, acting 7 years later, deemed such treatment to violate the Eighth Amendment. Put another way, if we didn't have the Eighth Amendment, people would be killed and tortured unfairly in relation to crimes they had committed.

How many innocent people have been executed?

Database of convicted people said to be innocent includes 150 allegedly wrongfully executed.