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 asked this a while ago and someone said it should be B, but rethinking it and rereading the amendments over, I feel like it should be D. Thoughts? Thank you
Yes, it turned out to be D:)
The Eighth Amendment of the United States Constitution prohibits the government from imposing cruel and unusual punishments or inflicting excessive fines.
To determine which part of the Eighth Amendment was incorporated at the state level using the Fourteenth Amendment, let's break it down:
The Fourteenth Amendment provides equal protection under the law and ensures that no state shall deprive any person of life, liberty, or property without due process of law.
When it comes to incorporating provisions of the Bill of Rights (which includes the Eighth Amendment) at the state level, the process is known as selective incorporation. The Supreme Court uses the Fourteenth Amendment's Due Process Clause to apply certain protections granted by the Bill of Rights to the states.
In the case of the Eighth Amendment, the Supreme Court has indeed applied its protection against cruel and unusual punishment to state governments through the process of selective incorporation. This means that option D, "protection from cruel and unusual punishment," is correct.
Based on this, it seems like your reconsideration is accurate, and the answer should indeed be D.