1. Bill of Rights 8 th, 9 th and 10 th Amendments

2. 8 th Amendment  “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”  Essential Questions:  What is “cruel and unusual”?  What is “Excessive”?  State of the death penalty/ torture?

3. 8 th Amendment cont.  Origins in the English Bill of Rights of 1689  “ … that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”  What is the difference between the statements?

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5. Supreme Court Cases  Furman V. Georgia (1972)  Established that there are four principles by which we may determine whether a particular punishment is “cruel and unusual”  The punishment must not be degrading to human dignity  The punishment can not be inflicted arbitrarily  The punishment can not be clearly and totally rejected throughout society  The punishment can not be patently unnecessary

6. Supreme Court Cases cont.  Graham V. Florida (2010)  A life sentence without any chance of parole, for a crime other than murder, is cruel and unusual for a minor  Miller V. Alabama (2012)  Mandatory life sentences without parole cannot be imposed on minors, even for homicide.  Roper V. Simmons (2005)  Executing people who were under 18 at the time of the crime declared a violation of the 8 th amendment  Atkins V. Virginia (2002)  Executing the mentally handicapped declared a violation of the 8 th amendment

7. 9 th Amendment  “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people”- 9 th Amendment  Other fundamental rights should not be denied protection simply because they are not listed  Paraphrase: The Bill of Rights is not all inclusive.

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9. 9 th Amendment Cont.  Various interpretations  Gun Rights  An individuals “fundamental natural right” to “bear arms” can be supported by the ninth amendment  Roe v. Wade (1973)  Ruled in favor of a 9 th amendment right for women to choose to have an abortion

10. 10 th Amendment  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”  Limiting the power of the federal government  Establishing States Rights  Healthcare?

11. Expansion of Federal Power  Three Clauses have been used by the federal government to expand federal power:  The Commerce Clause  “To regulate commerce with foreign Nations, and among the several states, and with Indian Tribes”  The Taxing and Spending Clause  The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States….  The Necessary and Proper Clause  “ The Congress shall have the power- To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other powers vested by this Constitution in the Government of the United States

12. Supreme Court Cases  South Dakota Vs. Dole (1987)  The Supreme court allowed the Federal Government to dictate the legal drinking age to the states  The federal government had passed a law suspending 10% of highway funds from any state that refused to pass a law setting the legal drinking age at 21