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 debate over ways to both restrict the power of the government from becoming a tyranny and protect the rights of individual citizens. Founders often realize that individual citizens, if not protected somehow, would be powerless to prevent against such 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 hear out the proposals of the Anti-Federalists during the ratification debates of 1789 through 1791. This Bill of Rights emphasized individual rights that would protect powe rless 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 â€Å"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 known simply as the Eighth Amendment. Though this seems to be a rather straightforward law, below the surface one can see the history of struggle 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 almost as a child 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 Amendment’s 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 today’s society, as the question of punishment, specifically the death 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 able to create an amendment that would retain the rights of citizens in a constantly progressing society for centuries to come.