Repeal the 8th amendment

Started by RemyBrown

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#1 •••
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#2 •••
@RemyBrown

Most US prisons have cruel and unusual punishments, by tolerating rape in prisons. their usual excuse is that its prisoners doing it to prisoners, but still, they turn a blind eye to something which cannot be a legal punishment.

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#3 •••
@RemyBrown

I actually agree that many amendments are kind of too vague to be useful. Why not pass an amendment saying "only pass good laws" and let justices decide what good laws are? Or why not pass a law saying "only do good things" and let juries decide what good things are? The 9th amendment kind of does this anyway. At that point, just make justices kings. I used to think judges were stretching the constitution for activist purposes; now I feel bad for them having to enforce a poorly worded document.

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#4 •••
@Savant

The U.S. Constitution is widely perceived by scholars, legal experts, and commentators to be facing significant challenges in 2025, with many describing the current political climate as a "constitutional crisis" or a "constitutional stress test"

. This concern stems from actions by the Trump administration that have been characterized as attempting to dismantle pillars of democratic governance, including the press, the judiciary, and the rule of law. 

Here are the primary areas of concern regarding the safety of the Constitution:

Threats to Constitutional Democracy and Rule of Law

  1. Expansion of Executive Power: The administration is testing the limits of presidential power, with concerns that it is trying to suppress dissent and undermine the judiciary.
  2. Undermining Institutions: There are reports of systematic pressure on universities, the press, and the legal profession.
  3. Disregard for Legal Norms: Legal scholars have highlighted actions that threaten constitutional rights, such as threats against media networks and challenges to the separation of powers.
  4. Potential for Autocracy: Some analysts argue that if the Supreme Court adopts an extreme form of the "unitary executive theory," it could shift the U.S. closer to an autocracy. 

Constitutional Structural Flaws and Rigidity

  1. Outdated Architecture: Critics argue the Constitution's 18th-century structure is becoming dysfunctional in modern society, with institutions like the Electoral College and the Senate becoming deeply undemocratic.
  2. Difficulty to Amend: The Constitution is described as functionally impossible to amend due to high supermajority requirements, leading to reliance on the Supreme Court to reinterpret it based on the ideological makeup of the justices. 

Specific Actions Raising Concerns

  1. Threats to Judges and Lawyers: Legal experts have noted threats against judges and lawyers who challenge administration policies.
  2. Challenges to Birthright Citizenship: Orders to ban birthright citizenship have been cited as contradicting the 14th Amendment.
  3. Impoundment of Funds: Violations of Congress's power to allocate government funds have been reported.
  4. Calls for "Termination" of Rules: Past calls to terminate constitutional rules have been cited as evidence of threatening the document's sanctity. 

Perspectives on the Danger

  1. Concerns over Crisis: Many experts fear the current trajectory could lead to long-term damage, with some predicting it could take a generation to recover freedoms.
  2. Defensive Measures: There has been an unprecedented number of legal challenges filed against administration actions.
  3. Support for the Document: Despite the crises, the Constitution still holds a high favorable view among the public, with nine out of ten people viewing it positively.
  4. Alternative View: Some argue that the Constitution is not inherently dangerous, but rather that it is threatened by politicians, activists, and academics. 


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#5 •••

It's the ever-changing amendment.


Not sure what the writers of it thought was cruel or unusual. Most people know consider hanging to be cruel, but not back then. The death penalty was once ruled to be cruel and unusual, but this was repealed shortly after. (Somehow it's cruel when the writers of this amendment would have treated it like nothing.)

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#6 •••

I'd say it probably means use the least harmful method available that still gets the job and justice done.


It means the crime must match the punishment, which is another element of it.

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#7 •••
@Savant
I actually agree that many amendments are kind of too vague to be useful.


the law, just like the Bible, depends on interpretation.


there are thousands of interpretations of the Bible.


Law and constitution can likewise be interpreted in many ways.


It actually takes severe definition precision and attention to details and exclusion of opposites to get a rule which cant be greatly misinterpreted.


this is why rules such as "no cruel and unusual punishment" dont mean anything in legal sense because different people find different things cruel.


And rules of self-defense can also be terribly misinterpreted, and usually are.

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#8 •••
@SatanLucy

This sentiment highlights the fundamental importance of the 

rule of law in maintaining a stable, safe, and just society. Without dedicated individuals and institutions to uphold, interpret, and enforce these standards, societies risk chaos, where only the strongest might control, and people live in fear. 

Here is a breakdown of why keepers and protectors of the law are essential:

Core Functions of Law Keepers

  1. Ensuring Equality and Stability: The rule of law ensures that the same rules apply to everyone—including governments, businesses, and individuals—regardless of wealth or status.
  2. Protecting Individual Rights: These protectors prevent arbitrary, unjust actions by the state and provide a shield against overreach.
  3. Maintaining Public Order: They are responsible for protecting life, health, and property, as well as preventing crime. 

Key Roles in the System

  1. Judges: Act as the "pillar" of the justice system, interpreting and applying the law impartially, free from outside influence or political pressure.
  2. Law Enforcement: Empowered to enforce laws, maintain peace, and respond to emergencies.
  3. Prosecutors: Act as "gatekeepers" of criminal justice, ensuring that crimes are prosecuted and human rights are respected.
  4. Legislative Counsel: Act as guardians of the statute book, drafting legislation that maintains the integrity of the legal system. 

Consequences of Absence

Without these protectors, societies face:

  1. Rampant Havoc: Increased theft, violence, and insecurity.
  2. Predatory Practices: Vulnerable individuals are left unprotected.
  3. Loss of Trust: Without independent, ethical enforcement, public confidence in justice diminishes. 

In essence, these figures are necessary to translate written laws into a living system that supports peace, opportunity, and safety. 


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