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Interesting discussion of Eighth Amendment in review of constitutional interpretation books

By Douglas A. Berman

I find the Eighth Amendment to be among the most interesting and challenging provisions of the Bill of Rights to consider in the originalism/living document debate over constitutional interpretation. For this reason, I was intrigued to see this discussion of the Eighth Amendment in this intriguing New Republic review by law professor Adrian Vermeule of the books "Keeping Faith with the Constitution" by Goodwin Liu, Pamela S. Karlan, and Christopher H. Schroeder and "The Living Constitution" by David Strauss: The Constitution prohibits ?cruel and unusual punishments.? Read in accordance with the founders? specific expectations, this would permit punishments that were unremarkable in the founding generation yet seem barbaric today?the pillory, or the gallows...continue to full post

Full post as published by Sentencing Law and Policy on August 05, 2010 (boomark / email).