8th Amendment
Proposed by George Mason
and Patrick Henry
Proposed to prevent harsh
punishments by Congress
Passed as part of the
original Bill of Rights
8th Amendment
No excessive bail
No excessive fines
No excessive
suffering, pain, or
humiliation
Some KEY Terms
Cruel and unusual punishment: excessive
suffering, pain, or humiliation
Capital punishment: punishment by death
Proportionality: punishment of the offender
should fit the crime
Trop v. Dulles
Decision
5-4 No
Precedent
Cruel and unusual
punishment to take away a
person’s citizenship
because of wartime
abandonmnet
Trop v. Dulles
Decision
No
Addictions are seen as an
illness
Precedent
Can’t punish a person with
a disease or condition
Punishing unintentional
wrongs
Furman v. Georgia
Decision
5 – 4 execution overruled
Precedent
Cruel and unusual
punishment for poor and
disadvantaged
Penalty disproportionately
applied
Gregg v. Georgia
Decision
Capital punishment is
constitutional
Precedent
Capital punishment =
constitutional
Standards and criteria to
apply death penalty
Coker v. Georgia
Decision
Death penalty for rape is
unconstitutional
Precedent
Capital punishment for nonmurder crime =
disproportional
Across
6) it is cruel and unusual punishment to punish people with
a(n)
.
8) "punishment should fit its
."
10) key term for punishment by death
11) no death penalty for
12) no
. (Coker)
bail, fines, suffering, pain, or humiliation.
15) what was Furman convicted of?
Down
3) term used to compare the punishment to the
weight of the crime
5)"life,
, and the pursuit of happiness"
9) cannot be taken away from a person because of
wartime abandonment
9th Amendment
“ The enumeration in the Constitution, of
certain rights, shall not be construed to
deny or disparage others retained by the
people.”
BACKGROUND
Federalists argued: Bill of
Rights expand the powers of
Congress in Art. I, Sec. 8
Madison wrote 9th
Amendment to counter
Federalists
Protect rights of other
people not written in the
Constitution or Bill of Rights
FACTS
Exec. Director of Planned Parenthood (Griswald)
and licensed physician (Buxton) arrested and
charged with instructing married couples about
preventing conception
Connecticut law: prohibited use of any drug or
instrument for preventing contraception
Married Couples Privacy?
Decision
Reasoning
7-2 vote
Right to privacy in marriage
SCOTUS struck down the
Connecticut law
Traditionally protected by 1st,
9th and 14th Amendments
SCOTUS reversed the
convictions of Griswold and
Buxton
Precedent
Recognition of basic right to privacy
Legalization of birth control
FACTS
Texas law: all abortions except when mother’s
life is in danger is ILLEGAL
Jane Roe: statutes violated her right to personal
privacy
Abortion = Privacy?
Decision
Reasoning
1st trimester = woman’s
choice not criminalized
Totally outlawing all abortions
is unconstitutional
2nd trimester = State
regulates abortion to
promote health of mother
Right to privacy est.
(Griswold v. Connecticut)
3rd trimester = no abortion
except if mother’s life is in
danger
Precedent
Legalized abortion in the U.S.
FACTS
Missouri law: human life begins at conception
Gave unborn children rights enjoyed by other
persons
Prohibited state money to be used for abortions
and counsel
Question
Do you think Missouri law
violates precedent of Roe v.
Wade?
State money for abortion
Decision
SCOTUS upheld Missouri
law
Reasoning
State can allocate
resources as it chooses
Requiring viability testing is
constitutional
Limiting abortions in 2nd
trimester is unconstitutional
Precedent
Narrowed application of Roe v. Wade
More power to states for regulating
abortions
FACTS
Pennsylvania Abortion Control Act:
required informed consent and 24 hr wait
Minor= parental consent
Married woman= husband’s consent
Roe v. Wade overturned?
Decision
Reasoning
5- 4 SCOTUS reaffirmed
Roe v. Wade ruling
Woman’s right to have an
abortion upheld
SCOTUS upheld Penn. law
Got rid of husband notified
Precedent
Determining validity of law: whether
or not the law causes undue burden
Replaces trimester framework of
Roe v. Wade decision
FACTS
Consensual sodomy illegal in Georgia
Police went into Bowers home w/warrant and
found him in the act
Bowers sued w/ right to privacy in home
Privacy in home and
marriage
Decision
5 – 4 upheld criminalizing
sodomy
Reasoning
not protected by the
Constitution
not tradition
Drugs= illegal in home and
public
Precedent
Restricted homosexual sex
Lawrence v. Texas
6-3 ruling overturned Texas law
Overturned Bowers
Precedent: equal rights for
homosexuals
Across
7) Griswold v. Connecticut indirectly caused the legalization
of?
13) the decision in Bowers v. Hardwick was restricted to
what kind of sex?
Down
1) The
sentence
decides who is deserving of the death
2)Missouri law says that human life begins at
.
4) rights that are not expressly mentioned in the
written text of the Constitution
14) Texas statutes permitted an
mother's life is in danger
only when the