What rights this amendment guarantee or protect? Essay
What rights this amendment guarantee or protect?
Amendment: bail, fines, punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Court guarantees an indiscriminate penalty and imposition of punishment. As provided by Amendments 5, 6 and 7, the due process and indictment regard humanitarian treatment to the accused in which this particular Amendment 8th constitutes the bailment of the accused. Pros
The gravity of offense is being determined by the Court to be granted with bailment and classify the amount of monetized penalty that temporarily hold the incarceration of the accused while court proceeding is in process, although the non-bailable crimes are those determined by the Supreme Court to be dealing with capital punishment and custody in jail of an accused at the proceeding of court trial (Rapczynski, 2000; in Furman vs.Georgia, 1972).
Cons By virtue of the bailment, a suspected criminal may inflict further harm to the accuser while being at large. The procedure of bailment may unable to fully protect the accuser from a possible harm. Amendment IX: Rights retained by the People. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. What rights this amendment guarantee or protect?
This Amendment ensures that the articulation on the Bill of Rights may not be misrepresented, be used to misinform and misguide the people. Pros The State is adherent to the fundamental interest of the people in which upholding the Bill of Right is the protection of the people’s lives, preservation of dignity and enjoyment of liberty, in which the government must not misinterpret the application of the Bill of Rights for its own caprice.
People may feel insecure and apprehensive because the Bill of Rights has not listed other rights that may be perceived as non-protective and does not support the bill of rights. Amendment X: States’ rights. 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. What rights this amendment guarantee or protect? The rights retained by people in Amendment 9th are empowered by this Amendment that is reassuring the people’s interest above the government’s interest.
Meaning, the power that is bestowed upon the authority of the government has emanated from the will of the people from which the government itself is composed by minority people in authority that must promote the majority interest of the people. Pros The majority interest of the people is the pre-disposal element of the State to govern, implement laws and regulations, and secure the moral responsibility in governance, and above all, to always provide the democratic processes.
This amendment validates the retention of people’s power having not fully bestowed to the government. Cons The retention of power to the people may in some degree affect the political will of the government. For example, the government’s foreign diplomatic relation to adopt such foreign policies for economic and political prosperity may gone through difficulties of adoption as taking to account people’s support and recognition.
Subject: United States,
University/College: University of Chicago
Type of paper: Thesis/Dissertation Chapter
Date: 23 May 2017
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