The 8 th and 9 th Amendment Michael Ozaki, Karen Hsueh, Katherine Ngan, Cassie Baca, Katie Rosenberg, and Meagan Wong

8 th Amendment Proposed by George Mason and Patrick Henry Proposed to prevent harsh punishments by Congress Passed as part of the original Bill of Rights

8 th 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

Can the government take away a person’s citizenship as punishment for desertion during wartime? Trop v. Dulles (1958)

Trop v. Dulles Decision 5-4 No Precedent Cruel and unusual punishment to take away a person’s citizenship because of wartime abandonmnet

Is a statute criminalizing drug addiction constitutional? Robinson v. California (1962)

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

Is it constitutional to have the death penalty as punishment for a convicted murderer? Furman v. Georgia (1972)

Furman v. Georgia Decision 5 – 4 execution overruled Precedent Cruel and unusual punishment for poor and disadvantaged Penalty disproportionately applied

Is imposing the death penalty prohibited under the 8 th and 14 th amendments? Gregg v. Georgia (1976)

Gregg v. Georgia Decision Capital punishment is constitutional Precedent Capital punishment = constitutional Standards and criteria to apply death penalty

Is imposing the death penalty prohibited for rape? Coker v. Georgia (1977)

Coker v. Georgia Decision Death penalty for rape is unconstitutional Precedent Capital punishment for non- murder 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. (Coker) 12) no 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

9 th 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 9 th Amendment to counter Federalists Protect rights of other people not written in the Constitution or Bill of Rights

Griswold v. Connecticut (1965) Did the Constitution protect the right to privacy in married couples?

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 7-2 vote SCOTUS struck down the Connecticut law SCOTUS reversed the convictions of Griswold and Buxton Reasoning Right to privacy in marriage Traditionally protected by 1 st, 9 th and 14 th Amendments

Precedent Recognition of basic right to privacy Legalization of birth control

☼ Roe v. Wade (1973) ☼ Webster v. Reproductive Health Services (1989) ☼ Planned Parenthood v. Casey (1992) ☼ ABORTION

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 1 st trimester = woman’s choice not criminalized 2 nd trimester = State regulates abortion to promote health of mother 3 rd trimester = no abortion except if mother’s life is in danger Reasoning Totally outlawing all abortions is unconstitutional Right to privacy est. (Griswold v. Connecticut)

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? 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 2 nd 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 required informed consent and 24 hr wait Minor= parental consent Married woman= husband’s consent

Roe v. Wade overturned? Decision 5- 4 SCOTUS reaffirmed Roe v. Wade ruling SCOTUS upheld Penn. law Got rid of husband notified Reasoning Woman’s right to have an abortion upheld

Precedent Determining validity of law: whether or not the law causes undue burden Replaces trimester framework of Roe v. Wade decision

☼ Bower v. Hardwick (1986) ☼ Lawrence v. Texas (2003) ☼ LGBT

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 decides who is deserving of the death sentence 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 only when the mother's life is in danger