This lesson introduces students to different viewpoints and debates surrounding the 8th Amendment by using the National Constitution Center’s Interactive Constitution. Students will build understanding of the resources and methods used by justices on the Supreme Court and Constitutional scholars when analyzing and forming opinions about articles, sections, and clauses of the Constitution
Interactive Constitution: Eighth Amendment (Middle Level)
This lesson introduces students to different viewpoints and debates surrounding the 8th Amendment by using the National Constitution Center’s Interactive Constitution. Students will build understanding of the resources and methods used by justices on the Supreme Court and Constitutional scholars when analyzing and forming opinions about articles, sections, and clauses of the Constitution.
Classifying Arguments Activity: Timbs v. Indiana
Classifying Arguments is a SCOTUS case study strategy in which students are given arguments from each side of a case and tasked with identifying whether each argument supports the petitioner or the respondent. In this classroom-ready activity, students will examine arguments from Timbs v. Indiana, a case about selective incorporation, the Eighth Amendment’s Excessive Fines Clause, and civil asset forfeiture. An answer key is also available for download.
Timbs v. Indiana (2019)
Is the Eighth Amendment’s Excessive Fines Clause incorporated against the states under the 14th Amendment? This case summary shows how the Supreme Court answered this question in 2019.
Atkins v. Virginia (2002)
Does the Eighth Amendment prohibit the execution of prisoners with intellectual disabilities convicted of capital crimes? This case summary shows how the Supreme Court answered that question in 2002.
Baze v. Rees (2008)
Does Kentucky’s lethal injection method violate the Eighth Amendment? This case summary shows how the Supreme Court answered that question in 2008.
Graham v. Florida (2010)
Is sentencing a minor to life without parole for a non-homicide crime “cruel and unusual” punishment under the Eighth Amendment? This case summary shows how the Supreme Court answered that question in 2010.
Kansas v. Marsh (2006)
Is a Kansas statute allowing the death penalty when mitigating and aggravating evidence are equal in violation of the Eighth Amendment? This case summary shows how the Supreme Court answered that question in 2006.
Kennedy v. Louisiana (2008)
Do states violate the Eighth Amendment’s ban on cruel and unusual punishment by imposing the death sentence for the crime of child rape? This case summary shows how the Supreme Court answered that question in 2008.
Lockyer v. Andrade (2003)
Does California’s “three strikes” law violate the Eighth Amendment? This case summary shows how the Supreme Court answered that question in 2003.