Amendment VIII

Debates in Congress

• quoted bySuggested
  House, August 17, 1789, ¶ 38

  …which amendment being adopted, the clause as amended was unanimously agreed to by the committee, who then proceeded to the sixth clause of the fourth proposition, in these words, *' Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.'*

  The paragraph gives the words of the committee's proposal, and the same words appear in the Eighth Amendment.

• quoted bySuggested
  House, June 8, 1789, ¶ 35

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

  The paragraph gives the words of Mr. Madison's proposals, and its words "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted" appear in the Eighth Amendment.

• cited bySuggested
  House, June 14, 1864 (2), ¶ 87

  The Constitution prohibits the infliction of cruel and unusual punishment upon actually guilty parties; and what can be said in mitigation of the incarceration of citizens in a dungeon as a punishment for a casual remark or for no conceivable…

  The paragraph says "the Constitution prohibits the infliction of cruel and unusual punishment"; only the Eighth Amendment fits.

• quoted bySuggested
  House, May 10, 1866 (2), ¶ 24

  Contrary to the express letter of your Constitution, "cruel and unusual punishments" have been inflicted under State laws within this Union upon citizens, not only for crimes committed, but for sacred duty done, for which and against which the Government of the…

  The paragraph quotes "cruel and unusual punishments" as "the express letter of your Constitution", words of the Eighth Amendment.

• cited bySuggested
  Senate, May 23, 1866, ¶ 20

  …of an accused person to be informed of the nature of the accusation against him, and his right to be tried by an impartial jury of the vicinage; and also the right to be secure against excessive bail and against cruel and unusual punishments.

  Among the rights it says are "secured by the first eight amendments of the Constitution," the paragraph names the right to be secure against excessive bail and against cruel and unusual punishments.

The Supreme Court

Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.

• interpreted bySuggested
  Trop v. Dulles (1958)356 U.S. 86, decided March 31, 1958

  The Constitution Annotated's essays on this provision cite the case on 5 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt8.4.2, Amdt8.4.3, Amdt8.4.7, Amdt8.4.8, Amdt8.4.9, Amdt8.4.9.1, Amdt8.4.9.10, Amdt8.4.9.2, Amdt8.4.9.8, Amdt8.4.9.9, pp. 1926, 1934, 1935, 1952, 1955.

• interpreted bySuggested
  Gregg v. Georgia (1976)428 U.S. 153, decided July 2, 1976

  The Constitution Annotated's essays on this provision cite the case on 6 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt8.4.2, Amdt8.4.3, Amdt8.4.9.10, Amdt8.4.9.4, Amdt8.4.9.6, pp. 1926, 1939, 1941, 1942, 1944, 1955.

• interpreted bySuggestedOverruled
  Penry v. Lynaugh (1989)492 U.S. 302, decided June 26, 1989

  The Constitution Annotated's essays on this provision cite the case on 2 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt8.4.9.6, Amdt8.4.9.7, pp. 1944, 1948.

• interpreted bySuggestedOverruled
  Walton v. Arizona (1990)497 U.S. 639, decided June 27, 1990

  The Constitution Annotated's essays on this provision cite the case on 3 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt8.4.9.6, pp. 1941, 1942, 1943.

• interpreted bySuggested
  Atkins v. Virginia (2002)536 U.S. 304, decided June 20, 2002

  The Constitution Annotated's essays on this provision cite the case on 5 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt8.1, Amdt8.4.2, Amdt8.4.3, Amdt8.4.9.7, Amdt8.4.9.8, pp. 1919, 1926, 1948, 1949, 1951.

• interpreted bySuggested
  Ring v. Arizona (2002)536 U.S. 584, decided June 24, 2002

  The Constitution Annotated's essays on this provision cite the case on 2 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt8.4.9.2, Amdt8.4.9.3, Amdt8.4.9.4, pp. 1936, 1939.