When debating the Constitutional amendments that would eventually become the Bill of Rights, Patrick Henry advocated strongly for an amendment providing for protections against the use of “excessive bail and fines” and “cruel and unusual punishment.” His case was this: While our governing representatives could be allowed latitude to write laws defining crimes and enforcing punishment, they could not be trusted with the same (or any) latitude when it came to ensuring limits to punitive actions. He stated: “But when we come to punishments, no latitude ought to be left, nor dependence put on the virtue of representatives.” Continue reading →