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Comment on: Brushfires

Anti Federalist Rant

1 Comment
Wednesday, April, 29, 2009 5:19 PM Dash42 writes:

Good post, but...

'The Constitution does not mention... capital punishment'.

Actually, you are correct in that the main body does not address it; the 5th Amendment does. Stating in part '...No person shall be held to answer for a capital, or otherwise infamous crime, ...; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; ..., nor be deprived of life, liberty, or property, without due process of law;'

Their thoughts on torture can probably best be found in the 8th. "... nor cruel and unusual punishments inflicted." Torture, malicious, and whimsical punishments were not unheard of and they wanted to limit the power of the State to inflict such things upon the Citizens of the Several States. Hardship and penalties, yes; sadistic and whimsical punishments, no.

Note that the Bill of Rights as a whole have no enforcement clauses, either they felt they would not pass with them or that they were not needed.

As I said, good post.
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