Book contents
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- 1 From the Founding to the Present
- 2 Back to the Future
- 3 Eighth Amendment Federalism
- Part II The Landscape of Eighth Amendment Doctrine
- Part III The Future of the Eighth Amendment
- Index
3 - Eighth Amendment Federalism
from Part I - A History of the Eighth Amendment
Published online by Cambridge University Press: 03 June 2020
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- 1 From the Founding to the Present
- 2 Back to the Future
- 3 Eighth Amendment Federalism
- Part II The Landscape of Eighth Amendment Doctrine
- Part III The Future of the Eighth Amendment
- Index
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 PressPrint publication year: 2020