Protection from Punishment Essay -- Government, Separation of Powers,

During the early stages of the creation of a government, it is common to witness a heavy consult over ways to both restrict the violence of the government from becoming a tyranny and protect the rights of individual citizens. Founders often realize that individual citizens, if non protected somehow, would be powerless to prevent against much(prenominal) a government if it became corrupt. Therefore, in the creation of the American and British governments, those worried about these possibilities suggested separations of power and individual rights to be included in the documents that form the government. This debate was extremely controversial in the formation of the American government, and created a rift that, if not resolved, could have torn apart the country. Understanding this possibility, the Federalists of America agreed to determine out the proposals of the Anti-Federalists during the ratification debates of 1789 through 1791. This Bill of Rights emphasized individual righ ts that would protect powerless citizens from possible tyranny of the federal government, both physical and abstract. One of the amendments proposed by James Madison, and subsequently ratified, was that Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment was eventually grouped into the ten amendments of the Bill of Rights, and is now cognize simply as the Eighth Amendment. Though this seems to be a rather straightforward law, below the surface one can see the history of attempt it was derived from, the fight that ensued over its incorporation, and how even the terms it uses have greatly affected its interpretation since December 15, 1791.As America was created al most(prenominal) as a boor of the British Empire,... ... (Levy 238). This is very symbolic of the American nature of law in general, as the American ideal is to create a country of responsible citizens, not just to lock them away.The Eighth Amend ments history, through the tortures of scores of people to the debates over its inception, is filled with examples that define the history of American government. Though not the most discussed amendment during the revolutionary stage, the Eighth Amendment is quite possibly the most controversial article of the Bill of Rights in todays society, as the question of punishment, specifically the termination penalty, is constantly under debate. It is fascinating to study how, even at a time of such confusion and chaos, founders such as Madison and Henry were equal to(p) to create an amendment that would retain the rights of citizens in a constantly progressing society for centuries to come.