THE EIGHTH, NINTH AND TENTH AMENDMENTS

Transcription

1 THE BILL OF RIGHTS: THE FIRST TEN AMENDMENTS TO THE CONSTITUTION AND THE CLOSEST CONNECTION TO YOUR LIFE THE EIGHTH, NINTH AND TENTH AMENDMENTS

2 THE EIGHTH AMENDMENT Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. If you are arrested, and bail is set, it must match the crime. For example, if you steal a $1.00 pack of gum, it would be considered excessive to set your bail at $1,000,000 dollars. What cruel and unusual punishment is has changed over time. For example, it was considered to be normal in the 1800 s to hang criminals. Now that is considered cruel, and unusual because it is not done in the United States anymore.

3 THE EIGHTH AMENDMENT The case study I have provided in terms of the eighth amendment has to deal with the continued reinterpretation of the Eighth Amendment, and what is Cruel and Unusual Punishment For example, to not allow regular exercise and access to entertainment was once considered normal, now no access to weight equipment and television is considered wrong. This case study examines a recent lawsuit that questions whether the food served in prisons meets the criteria of cruel and unusual punishment.

4

5 THE NINTH AMENDMENT The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Just because a right is not listed in the Constitution does not mean that it does not exist, and belong to the people Right to Privacy Right to Smoke Right to Commit Suicide Right to an Abortion

6 THE NINTH AMENDMENT The Ninth Amendment protections provided in the Constitution were purposefully written vaguely so that what ever came in the future, that the founding father s knew they could neither predict or provide for without making the Constitution a multi volume set, could be covered. Therefore, finding a case study that discusses the Ninth Amendment specifically is difficult. Though, there are many contemporary claims on the Ninth Amendment, from the legality of homosexual marriage, and marijuana use. This case study deals with a gentleman who gives a fairly eloquent soliloquy on the perceived right to smoke, in relation to the Ninth Amendment.

7

8 THE TENTH 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. If the Constitution does not say the federal or state governments cannot have the power, and does not state that the federal government alone has the power, then that power of government still resides with the states, or with the people of those states.

9 THE TENTH AMENDMENT The Tenth Amendment is as purposefully vague as the Ninth. Perhaps one of the biggest political issues in the early history of our nation dealt with the Tenth Amendment, and the interpretation of then Vice President Thomas Jefferson regarding the ability of the states to nullify federal laws they disagree with. This issue brings up the internal constitutional conflict between the Tenth Amendment and Article Six Supremacy Clause; can the States just not follow federal laws they disagree with? The issue has recently come up again as several states are passing resolutions stating their intent to not enforce several regulations sent to them by the federal government, including gun control and health care regulations.

10

11 THE BILL OF RIGHTS IN TOTAL All in all, our study of the Bill of Rights, and how it is seen in this day and age, in comparison to how the founding father s perhaps perceived it, should allow you to see that they allow our Constitution to be a living and breathing document still applicable to our lives today!