Violation of the Eighth Amendment Rights of Every Tax-Paying American by the Cruel and Unusual Punishment of Excessive Fines

The Eighth Amendment to the United States Constitution reads: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Historically, this particular amendment has been applied primarily, if not exclusively, to people that have ended up in the punishment phase of the American judicial system. But should that be the end of it? Are there other potential applications of the Eighth Amendment on a broader scale? I think there are. Every element of the United States Constitution, including the Eighth Amendment, applies to every single American citizen and generally to everyone in the United States, citizen or not. Is there anything to debate about this interpretation? I don’t think so. I see no indication that limits the Eighth Amendment to only those involved in the judicial process.

Nor Excessive Fines Imposed

For example, let’s take a look at taxes. It isn’t much of a stretch to redefine the income tax as a fine from the Legislative Branch with concurrence from the Executive Branch for being a productive American. Then there are the various “sales” taxes (sometimes called a fuel tax, passenger tax, and other names to obscure the purpose) that happen when a person is “fined” again when he/she spends money that has already been taxed at least once. These are some of the direct taxes, but then there are the indirect taxes hidden in the price of the product and services you buy to cover the direct taxes on the producers of that product or service. Everybody in America is paying taxes one way or the other. I am not totally against taxes, but I am vehemently against taxes that are supporting anything that is not a government function as defined by the United States Constitution. And I am more vehemently against taxes that are diverted from actual government functions to non-government functions. Those diverted funds represent an “excessive fine imposed” by the government against law abiding, productive American citizens. I bet you didn’t see that one coming! Just as a rose is a rose by any other name, a fine is a fine even if it is called a tax!

Nor Cruel and Unusual Punishment Inflicted

When the government fines (they call it tax) their citizens to provide services not enumerated in the Constitution and to a great extent not wanted by their citizens, the politicians are punishing the citizens for their own personal gain under the guise of some vague government purpose. As most Americans that are awake know, the number of hidden non-government functions incorporated into funding legislation is unknown, even by the legislators themselves. You know: “We have to pass the bill so that you can find out what’s in it.” ~Nancy Pelosi (Affordable Care Act) No single individual knows everything that is in the latest monstrosity of a bill that our great grandchildren will be required to pay off. These are perfect examples of cruel and unusual punishment being inflicted on multiple generations of Americans. The U.S. Department of Education, not an enumerated federal function, is an utter and total failure. When the Department of Education was established in 1980, the American education system was among the very best in the world. Since the feds got their fingers into education, the American education system has been in a steadily declining spiral. It is cruel and unusual punishment of the productive American taxpayer to continue funding an increasingly failing institution. Since it ain’t working, shut it down! The war on poverty, the war on drugs, and all the federal “charities” are utter failures, and not enumerated functions of the federal government, that no one has a clue how to fix them except to throw more money at them. If they ain’t working, quit spending money on non-productive programs. Quit inflicting cruel and unusual punishment on the hard working Americans that are paying the bills for these programs.

Until the last half of the 20th Century, people that violated the rights of others were incarcerated in institutions where they existed at basically a subsistence lifestyle. They had a roof over their heads, three square meals a day, and some limited activity to contribute to the operation of the facility. Those individuals that behaved badly were confined to a more restrictive environment. That was fair enough. Many may find my opinion on this subject a bit harsh. Be that as it may, this is a subject that needs discussion. The American penal system is another example of cruel and unusual punishment of law abiding American taxpayers. By world standards, the American penal system is an overly luxurious system where “prisoner’s rights” seem to supersede law abiding American taxpayer and victim’s rights. Best estimates suggest the federal government spends about $50,000 per year to house and maintain the health of each prisoner. According to the California Legislative Analyst’s Office, California spends in excess of $81,000 per year per inmate. Any monies spent above and beyond safe housing and appropriate health care is inflicting cruel and unusual punishment on law abiding taxpayers. The Eighth Amendment protects prisoners, as it should. It should also protect law abiding taxpayers from insanely cruel spending by government officials. These are just a few examples where the federal government indulges in spending in too many areas that are not constitutionally enumerated functions of the federal government. These activities constitute a violation of the Eighth Amendment rights of every tax paying American by the cruel and unusual punishment of excessive fines.

Steve Rossiter——Bio and Archives

After a 55 year career as a professional pilot in the military, in law enforcement, in the private sector, and in federal civil service, I am now retired.

In many of these positions I repeatedly took an oath to defend the United States Constitution against all enemies foreign and domestic.