Which part of the Eighth Amendment was incorporated at the state level using the Fourteenth Amendment?
A.
due process
B.
equal protection
C.
rights of national citizenship
D.
protection from cruel and unusual punishment
I posted this earlier this morning and changed my answer to B, is this right?
I agree.
Yes, your revised answer is correct. The part of the Eighth Amendment that was incorporated at the state level using the Fourteenth Amendment is D, which refers to protection from cruel and unusual punishment.
To understand why this is the correct answer, it is important to consider the process of incorporation. The process of incorporation involves applying the protections provided by the Bill of Rights (which includes the Eighth Amendment) to the states through the Due Process Clause of the Fourteenth Amendment. The Due Process Clause states that no state shall "deprive any person of life, liberty, or property, without due process of law."
Through a series of Supreme Court cases, the Court has gradually applied most of the rights protected by the Bill of Rights to the states, using the Due Process Clause as the basis for incorporation. The Eighth Amendment's prohibition on cruel and unusual punishment was incorporated in this way. This means that the states are bound to respect and protect individuals against cruel and unusual punishment, just as the federal government is.
So, in summary, when looking at the parts of the Eighth Amendment that were incorporated at the state level using the Fourteenth Amendment, the correct answer is D, protection from cruel and unusual punishment.