SuperDS77
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Some are coming out now suggesting this course of action regarding the penalty in the recent judgment against Trump in New York. Seems pretty obviously a violation, but we shall see.
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There is recent SCOTUS decision "reviving" the 8th amendment.
www.theatlantic.com
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At the Timbs oral argument before the U.S. Supreme Court in November, both progressive and conservative justices expressed sharply worded skepticism toward civil forfeiture. Justice Sonia Sotomayor blasted many forfeitures as being “grossly disproportionate to the crimes being charged” and compared civil forfeiture to the Star Chamber, the infamous English court that’s become a byword for unjust profiteering. Justice Neil Gorsuch expressed his disbelief that the excessive-fines clause was even an issue: “Here we are in 2018, still litigating incorporation of the Bill of Rights. Really?” Justice Brett Kavanaugh echoed that sentiment. In an exchange with Justice Stephen Breyer, the Indiana solicitor general conceded that without the excessive-fines clause, nothing in the Constitution prevents the state from forfeiting a Bugatti or a Ferrari caught speeding “only five miles an hour above the speed limit.”
The Court’s decision was unanimous. “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history,” Justice Ruth Bader Ginsburg wrote in an opinion signed by eight of the nine justices. “Exorbitant tolls undermine other constitutional liberties.”
“In short, the historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is overwhelming,” Ginsburg wrote. “Protection against excessive punitive economic sanctions secured by the Clause is, to repeat, both ‘fundamental to our scheme of ordered liberty’ and ‘deeply rooted in this Nation’s history and tradition.’”
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Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."There is recent SCOTUS decision "reviving" the 8th amendment.
The Supreme Court Resuscitates the Eighth Amendment
The justices strike a blow against policing for profit.
www.theatlantic.com
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At the Timbs oral argument before the U.S. Supreme Court in November, both progressive and conservative justices expressed sharply worded skepticism toward civil forfeiture. Justice Sonia Sotomayor blasted many forfeitures as being “grossly disproportionate to the crimes being charged” and compared civil forfeiture to the Star Chamber, the infamous English court that’s become a byword for unjust profiteering. Justice Neil Gorsuch expressed his disbelief that the excessive-fines clause was even an issue: “Here we are in 2018, still litigating incorporation of the Bill of Rights. Really?” Justice Brett Kavanaugh echoed that sentiment. In an exchange with Justice Stephen Breyer, the Indiana solicitor general conceded that without the excessive-fines clause, nothing in the Constitution prevents the state from forfeiting a Bugatti or a Ferrari caught speeding “only five miles an hour above the speed limit.”
The Court’s decision was unanimous. “For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history,” Justice Ruth Bader Ginsburg wrote in an opinion signed by eight of the nine justices. “Exorbitant tolls undermine other constitutional liberties.”
“In short, the historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is overwhelming,” Ginsburg wrote. “Protection against excessive punitive economic sanctions secured by the Clause is, to repeat, both ‘fundamental to our scheme of ordered liberty’ and ‘deeply rooted in this Nation’s history and tradition.’”
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