Cruel and Unusual Punishment

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The Eighth Amendment to the U.S. Constitution prohibits Cruel and Unusual Punishment:

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."

This language was based on the 1689 English Bill of Rights, which was redacted in the Virginia Declaration of Rights and proposed by the Virginia ratifying convention.

Recently, liberals have argued that this clause in the Eighth Amendment prohibits excessive fines and the death penalty.