Constitution Under Construction: Minimum standards set by 8th Amendment
May 23, 2026
TribLive: “When you build something, it’s important to understand how it will be used. It has to be structured to accommodate function.
There are no specific numbers that dictate the size of a federal prison cell. Design standards recommend about 75 square feet. Those standards are not law. A cell can be smaller. It can house two people. Overcrowding can force even more into the same space.
In most situations, there are limits to how many people can occupy a room. Building codes establish minimum standards for safety and habitability. Bedrooms cannot be called bedrooms if they are too small, lack a window or fail other requirements. A residence must have multiple exits in case of fire. The knob-and-tube wiring acceptable decades ago would not pass inspection today.
Our standards evolve as society advances.
The Eighth Amendment functions like a building code for the justice system, outlining what is and is not acceptable….
‘It includes a kind of implied measure of proportionality,’ said Quinn Cozzens of the Abolitionist Law Center.”