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3 - Eighth Amendment Federalism

from Part I - A History of the Eighth Amendment

Published online by Cambridge University Press:  03 June 2020

Meghan J. Ryan
Affiliation:
Southern Methodist University, Texas
William W. Berry III
Affiliation:
University of Mississippi
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Summary

Disagreements over the original understanding of the Cruel and Unusual Punishments Clause of the Eighth Amendment generally center around whether the Clause covers only methods of punishment or is also concerned with proportionality of punishment. Few discussions about the Clause’s original public meaning ever recognize federalism as a goal furthered by the Clause. My claim is that, on an original understanding of the Cruel and Unusual Punishments Clause, federalism is a central value of the Clause that has long been overlooked.

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Publisher: Cambridge University Press
Print publication year: 2020

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