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Does the Eighth Amendment Apply to the States?

Chloe Bennett • • 7 min read
Does the Eighth Amendment Apply to the States?

In an historic ruling, the U.S. Supreme Court this morning held that the Excessive Fines Clause

Excessive Fines Clause
The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention. ... If a judge posts excessive bail, the defendant's lawyer may make a motion in court to lower the bail or appeal directly to a higher court.
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of the Eighth Amendment protects Americans not just against the federal government, but against states and local authorities too.

Does the 8th Amendment apply to states?

The United States Supreme Court has just ruled, unanimously, that the 8th Amendment to the Constitution is incorporated into the 14th Amendment and applies to the states.

Do all states honor the 8th Amendment?

In an opinion by Justice Ruth Bader Ginsburg, the Court confirmed that state fines must comply with the Eighth Amendment. To be sure, all fifty states already prohibit excessive fines in their own constitutions, some directly and others by requiring proportionality.

Chloe Bennett
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Chloe Bennett

Chloe Bennett explores the intersection of pop culture, streaming entertainment, digital trends, and contemporary lifestyle. Her weekly commentary reaches thousands of culture enthusiasts.