Sunday, February 3, 2019
Protection from Punishment Essay -- Government, Separation of Powers,
During the early stages of the trigger of a goernment, it is common to witness a heavy debate over ways to both restrict the magnate of the giving medication from becoming a tyranny and value the rights of individual citizens. Founders often realize that individual citizens, if non protected somehow, would be powerless to prevent against such a government if it became corrupt. Therefore, in the creation of the Ameri throw out and British governments, those worried about these possibilities suggested separations of power and individual rights to be included in the documents that form the government. This debate was extremely controversial in the formation of the the Statesn government, and created a rift that, if not resolved, could have torn apart the country. Understanding this possibility, the Federalists of America agreed to encounter out the proposals of the Anti-Federalists during the ratification debates of 1789 through 1791. This airman of Rights emphasized individual rights that would protect powerless citizens from possible tyranny of the federal government, both physical and abstract. nonpareil of the amendments proposed by James Madison, and subsequently ratified, was that Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment was eventually grouped into the ten amendments of the pinnacle of Rights, and is now known simply as the Eighth Amendment. Though this seems to be a rather straightforward law, below the surface one can see the history of struggle it was derived from, the fight that ensued over its incorporation, and how even the footing it uses have greatly affected its interpretation since December 15, 1791.As America was created almost as a child of the British Empire,... ... (Levy 238). This is very symbolic of the American nature of law in general, as the American nonpareil is to create a country of responsible citizens, not just to occupy them away.The E ighth Amendments history, through the tortures of scores of people to the debates over its inception, is fill up with examples that define the history of American government. Though not the most discussed amendment during the radical stage, the Eighth Amendment is quite possibly the most controversial article of the Bill of Rights in todays caller, as the question of punishment, specifically the death penalty, is constantly under debate. It is fascinating to study how, even at a time of such confusion and chaos, founders such as Madison and total heat were able to create an amendment that would retain the rights of citizens in a constantly progressing society for centuries to come.
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