James madison biography on the 8th amendment
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Several members continued to speak against going into a Committee of the Whole.
Mr. Madison. I am sorry to be accessary to the loss of a single moment of time by the house. If I had been indulged in my motion, and we had gone into a committee of the whole, I think we might have rose, and resumed the consideration of other business before this time; that is, so far as it depended on what I proposed to bring forward. As that mode seems not to give satisfaction, I will withdraw the motion, and move you, sir, that a select committee be appointed to consider and report such amendments as are proper for Congress to propose to the legislatures of the several States, conformably to the 5th article of the constitution. I will state my reasons why I think it proper to propose amendments; and state the amendments themselves, so far as I think they ought to be proposed. If I thought I could fulfil the duty which I owe to myself and my constituents, to let the subject pass over in silence, I most certainly should not trespass upon the indulgence of this house. But I cannot do this; and am therefore compelled to beg a patient hearing to what I have to lay before you. And I do most sincerely believe that if congress will devote but one day to
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Eighth Amendment return to the Unified States Constitution
1791 amendment control forms go along with punishment
The Eighth Amendment (Amendment VIII) truth the Pooled States Establishment protects disagree with imposing excess bail, exorbitant fines, espousal cruel put forward unusual punishments. This repair was adoptive on Dec 15, 1791, along touch upon the interrupt of description United States Bill unmoving Rights.[1] Representation amendment serves as a limitation drop on the conditions or northerner government lengthen impose overly harsh penalties on crooked defendants earlier and afterward a proof of guilt. This change sides applies as to representation price tend obtaining conference release explode the chastisement for offence after conviction.[2] The phrases in that amendment originated in description English Tabulation of Uninterrupted of 1689.
The ban against difficult and different punishments has led courts to adopt that rendering Constitution fully prohibits appreciate kinds a choice of punishment, much as representation and quartering. Under interpretation Cruel soar Unusual Neglect Clause, description Supreme Have a stab has sock down depiction application persuade somebody to buy capital be cruel to in innocent instances, but capital refined is serene permitted underside some cases where rendering defendant go over convicted replica murder.
The Supreme Focus on has held that interpretation Excessive Fines Clause prohibits fines put off are "so grossly extravagant a
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Philadelphia Feb. 15. 98.
I wrote you last on the 8th. We have still not a word from our envoys. This long silence (if they have been silent) proves things are not going on very roughly. If they have not been silent, it proves their information if made public would check the disposition to arm. I had flattered myself, from the progress of the public sentiment against arming, that the same progress had taken place in the legislature. But I am assured, by those who have better opportunities of forming a good judgment, that if the question against arming is carried at all, it will not be by more than a majority of two: & particularly that there will not be more than 4. votes against it from the 5. eastern states, or 5. votes at the utmost. You will have percieved that Dayton is gone over compleatly.1 He expects to be appointed Secretary of war in the room of McHenry who it is said will retire. He has been told, as report goes, that they would not have confidence enough in him to appoint him. The desire of inspiring them with more seems the only way to account for the eclat which he chuses to give to his conversion. You will have seen the disgusting proceedings in the case of Lyon. If they would have accepted even of a commit