Study Notes on Constitutional Amendments and Policies
Eighth Amendment
- Prevents cruel and unusual punishments and excessive bail.
- Debate exists over death penalty's alignment with the Eighth Amendment definition.
- Majority of U.S. states and developed countries have banned it.
- Common execution method: lethal injection.
- As of 1930-1960s: 87% death penalties for murder, 12% for rape.
- 1972: Furman v. Georgia halted death penalty; noted application disparities.
- 1976: Gregg v. Georgia reinstated death penalty with restructured guidelines.
- Restrictions: Not mandatory; mental incapacity and age under 18 exempt from death penalty.
Guantanamo Bay and Interrogations
- Established by U.S. military in 2002 for terrorist suspects post-9/11.
- Location aimed to reduce media contact and legal access.
- Administration attempted to find legal leeway for intense interrogations, leading to controversial interrogation methods.
Individual Rights and the Second Amendment
- Ongoing federal attempts to shape gun policy; mostly state-level actions exist.
- 33,000 handgun-related deaths annually; mass shootings have intensified public debate.
- Post-Newtown, more than 160 restrictive laws enacted in 42 states.
- Pro-Second Amendment laws have increased, especially in Republican-controlled states.
- Recent focus on regulating devices like bump stocks post-Las Vegas shooting.
Search and Seizure
- Fourth Amendment prevents government overreach and unreasonable searches/seizures.
- Warrants needed based on probable cause to enter homes or seize persons.
- Exceptions: Plain view, emergencies, consent, and airport/border searches.
- Supreme Court rulings define warrant needs for specific cases (e.g., wiretapping, cell phone searches).
- Modern surveillance post-9/11 has changed Fourth Amendment applications.
- Government programs (e.g., PRISM) facilitate collection of communication data, raising privacy concerns.
- Metadata definition: Information about calls, excluding conversation content; permissible under previous Court rulings.