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Stinneford argues that the word unusual in the Eighth Amendment has a very different meaning in comparison to those who use originalism to interpret the U.S. Constitution. He writes: "But in reality, the word 'unusual' in the Eighth Amendment did not originally mean 'rare'– it meant 'contrary to long usage', or 'new'.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The amendment states that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles or in subsequent constitutional amendments.
The decision was a “dubious holding premised on a fanciful interpretation of the 8th Amendment,” wrote one dissenter, Judge Diarmuid O'Scannlain. ... federal system of government leaves to the ...
The Sixth Amendment guarantees the right to a speedy, public trial, the power to compel witnesses, the right to counsel, and the right to an impartial jury. [74] Cases concerning its interpretation include Baldwin v. New York, Barker v. Wingo, Crawford v. Washington, Duncan v. Louisiana, and Melendez-Diaz v. Massachusetts. [75]
The court noted that Wong Kim Ark’s parents had at the time “a permanent domicil and residence in the United States,” yet the court did not condition its interpretation of the 14th Amendment ...
The only amendment to be ratified through this method thus far is the Twenty-first Amendment in 1933. That amendment is also the only one that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), establishing the prohibition of alcohol.
This happens because the federal government is the one that creates the treaties but the reservations are then put in the jurisdiction of the states. The states are then responsible for maintaining the relationships with the Native Americans on those reservations and to honor the treaties that were previously made by the federal government.