Trump may have a Supreme Trump card to play. The 8th Amendment. How can he use it?
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
www.law.cornell.edu
In 1998, however, the Court injected vitality into the strictures of the clause. “The touchstone of the constitutional inquiry under the Excessive Fines Clause is the principle of proportionality: The amount of the forfeiture must bear some relationship to the gravity of the offense that it is designed to punish.” 9 In United States v. Bajakajian,10 the government sought to require that a criminal defendant charged with violating federal reporting requirements regarding the transportation of more than $10,000 in currency out of the country forfeit the currency involved, which totaled $357,144. The Court held that the forfeiture11 in this particular case violated the Excessive Fines Cause because the amount forfeited was “grossly disproportionate to the gravity of defendant’s offense.” 12 In determining proportionality, the Court did not limit itself to a comparison of the fine amount to the proven offense, but it also considered the particular facts of the case, the character of the defendant, and the harm caused by the offense
Does the Eighth Amendment only apply to the Federal Government, or does it protect all citizens?
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Excessive Fines
Does the Eighth Amendment only apply to the Federal Government, or does it protect all citizens?
