In the 8th Amendment, the clause says that no "unusual punishments" shall be "inflicted." What, however, is the definition of an unusual punishment?
The key is to understand the word "unusual." Today's politicians have decided that term means "unacceptable," but that is not necessarily the case in this clause. Based on the debates in Madison's Notes of the Federal Convention in 1787, and the State Ratification Convention debates, the meaning was intended to be more along the lines of uniformity. In other words, if the usual punishment for a particular crime is ten years imprisonment, then the punishments for all persons regarding that crime should be fairly consistent. However, if a person comes along and then suddenly gets 20 years for the same crime, that would be considered an unusual punishment.
The uniformity concept is a common one in the Constitution. The Founding Fathers believed that preferential treatment of citizens of the United States was not a good thing. There should be no protected groups, or laws that provide preferential treatment.
Understanding that preferential treatment was not something the Founding Fathers found favor in, what do you think they would think of some of today's laws, or governmental practices? Would they approve of affirmative action? What about politicians exempting themselves from laws, such as Obamacare? Do you think they would agree with the lawsuits brought against businesses who refuse, on religious grounds, to perform certain services such as bake a "gay cake," while homosexual bakeries are not prosecuted for refusing to bake a "Christian Cake?" What would the founders think about the preferential treatment Muslims receive because those administering the law are too afraid to offend Islam? Do all lives matter? Or only black lives?
The 8th Amendment is one of three amendments we will be discussing tonight in the Temecula Constitution Class at 6:30 pm. Join us tonight for the conversation.
Temecula Constitution Class
Thursdays at 6:30 pm
Faith Armory
41669 Winchester Road
Temecula, CA 92590
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