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the 8th Amendment
Constitution of the United States, via Populist America et al ^ | The Framers

Posted on 03/02/2009 4:15:10 PM PST by SunkenCiv

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


TOPICS: History; Science; Travel
KEYWORDS: 8thamendment; godsgravesglyphs
Populist America's commentary:
The Eighth Amendment protects those charged with crimes from punishment in disproportion to the charge(s) or conviction(s). The intent of the amendment is both to enforce the presumption of innocence until guilt has been proven, as well as to permit an accused the freedom to prepare an adequate defense.

1 posted on 03/02/2009 4:15:10 PM PST by SunkenCiv
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2 posted on 03/02/2009 4:15:28 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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To: SunkenCiv

So, I guess that most of the Federal criminal codes violate the the 8th Amendment. Prison for picking up an eagle feather or a fossil? Seems a bit extreme.


3 posted on 03/02/2009 4:17:52 PM PST by Seruzawa (Obamalama lied, the republic died.)
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To: Seruzawa

>Prison for picking up an eagle feather or a fossil? Seems a bit extreme.

But it fits with our leaders’s “for me, but not for thee” attitudes. The problem here is assuming they have ANY interest in seeing Justice done AT ALL.


4 posted on 03/02/2009 4:25:51 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: SunkenCiv

It should be obvious to all that we have gone from a free republic to a socialist democracy. That will not survive.


5 posted on 03/02/2009 4:28:13 PM PST by screaminsunshine (f)
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To: SunkenCiv
I'm still working out in my mind how income tax deductions and selective bailouts square with the equal protection clause of the 14th amendment.
6 posted on 03/02/2009 4:28:34 PM PST by JustSurrounded
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To: SunkenCiv

If you commit hate speech against the libtard messiah occupying the White House, no bail is too excessive!/sarc


7 posted on 03/02/2009 4:47:35 PM PST by dynachrome (Barack Hussein Obama yunikku khinaaziir)
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To: SunkenCiv
The Eighth Amendment protects those charged with crimes from punishment in disproportion to the charge(s) or conviction(s).

The 8th Amendment prohibits "cruel and unusual" punishments, not disproportionate ones (although some Warren-era Supreme Court cases did add the concept of disproportion to the 8th Amendment). In the Founders' day, shoplifting and pocket-picking were routnely punished with death.

The intent of the amendment is both to enforce the presumption of innocence until guilt has been proven, as well as to permit an accused the freedom to prepare an adequate defense.

What does any of that have to do with "cruel and unusual punishments"? Unless you skipped sometyhing and have gone on to talk about the bail clause of the 8th Amendment.

8 posted on 03/02/2009 4:58:05 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: JustSurrounded
I'm still working out in my mind how income tax deductions and selective bailouts square with the equal protection clause of the 14th amendment.

How do you feel about progressive taxation and the 14th?

9 posted on 03/02/2009 5:16:41 PM PST by Pearls Before Swine (Is /sarc really necessary?)
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To: Pearls Before Swine
How do you feel about progressive taxation and the 14th?

Doesn't bother me a bit. If they want to tax Progressives a 100% rate, it serves them Left!

10 posted on 03/02/2009 5:27:13 PM PST by ApplegateRanch (If Liberalism doesn't kill me, I'll live 'till I die!)
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To: Pearls Before Swine
Well, since you mention it, the whole things is pretty much a mess, isn't it?

Just because the 16th says we can, I'm not really keen on federal income tax -- thinking the states should fund the federal budget and the citizens fund the states. And, heretically, I think, given a federal income tax, it should be a flat rate across the board, no deductions -- straightforward government support by the honest labor if its citizens. Idealistic and unworkable.

11 posted on 03/02/2009 5:36:08 PM PST by JustSurrounded
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To: Lurking Libertarian
shoplifting and pocket-picking were routinely punished with death
that would be cruel, because, as everyone knows, people only steal because they're hungry and/or oppressed. /sarc
12 posted on 03/02/2009 5:39:40 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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To: ApplegateRanch

I love your turn of phrase there. :’)


13 posted on 03/03/2009 7:20:49 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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Bill of Rights

14 posted on 03/03/2009 7:23:26 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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