Eighth Amendment

The Eighth Amendment to the United States Constitution states:

“  |  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.  |  ”

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The Eighth Amendment is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done...that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."[1] Virginia adopted this provision of the English Bill of Rights in the Virginia Declaration of Rights of 1776.

Since the ratification of the Eighth Amendment on December 15, 1791, it has been interpreted by a large number of court cases. The Supreme Court in Robinson v. California, 370 U.S. 660 (1962), applied the Eighth Amendment to the states through the Fourteenth Amendment. Robinson was the first case in which the Supreme Court applied the Eighth Amendment against the state governments through the Fourteenth Amendment. Before Robinson, the Eighth Amendment had only been applied against the federal government.[2]

In a case involving civil asset forfeiture, the Supreme Court is expected to hold that the Fourteenth Amendment incorporates the Eighth Amendment's excessive-fines clause against the states.

## References[edit]

1. ↑ English Bill of Rights of 1689. constitution.org. Retrieved on January 9, 2015.
2. ↑ Federman, Cary. The Body and the State: Habeas corpus and American Jurisprudence, page 99 (SUNY Press 2006).

> Amendments to the Constitution of the United States of America

> Bill of Rights:
>  1 \- Freedom of speech, press, religion, etc.
>  2 \- Right to bear arms
>  3 \- Quartering of soldiers
>  4 \- Warrants
>  5 \- Due process
>  6 \- Right to a speedy trial
>  7 \- Right by trial of a jury
>  8 \- No cruel or unusual punishments
>  9 \- Unenumerated rights
>  10 \- Power to the people and states

> * * *

> 11 \- Immunity of states to foreign suits
>  12 \- Revision of presidential election procedures
>  13 \- Abolition of slavery
>  14 \- Citizenship
>  15 \- Racial suffrage
>  16 \- Federal income tax
>  17 \- Direct election of the United States Senate
>  18 \- Prohibition of alcohol
>  19 \- Women's suffrage
>  20 \- Terms of the presidency
>  21 \- Repeal of Eighteenth Amendment
>  22 \- Limits the president to two terms
>  23 \- District of Columbia Voting for President
>  24 \- Prohibition of poll taxes
>  25 \- Presidential disabilities
>  26 \- Voting age lowered to 18
>  27 \- Variance of congressional compensation