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The Eighth Amendment is only partially incorporated because the US Supreme Court uses the doctrine of selective incorporation to apply the Bill of Rights to the states, so it can only apply a clause to the states when an appropriate case challenging a state's infringement of that clause is petitioned for review.
Amendment VIII
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
The Court granted certiorari to one case claiming the State of Nebraska unconstitutionally denied bail to the the petitioner of Murphy v. Hunt, 455 US 478 (1982), but the case became moot when the defendant was convicted of the charges against him before the Supreme Court could rule.
There may be several obstacles to incorporating the clauses related to excessive bail and fines:
- "Excessive" is a subjective term, and is further conditioned on the nature of the crime committed and other factors, making it difficult to define and regulate.
- Imposing bail and fines may legitimately be considered a use of police powers, which are states' rights issues.
- High bail is often used to hold a defendant thought to be a flight risk or a danger to the community, a greater concern now than when the Amendment was ratified.
- The appellate court(s) may not be able to process challenges to bail faster than trial courts can hear a case, rendering the issue moot and untriable before it can be reviewed, as was the case in Murphy.
- It could become very expensive and time-consuming for state and municipal governments to fight motions contesting bail and fines, and would overburden the court system (which is already overburdened).
- The Supreme Court has full discretion over which cases it hears under appellate jurisdiction, and they may not want to incorporate the remainder of the Eighth Amendment in light of items 1-5 and other potential considerations.
For more information, see Related Questions, below.
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What clause of the Fourteenth Amendment was the vehicle for incorporation of rights against the states?
The Fourteenth Amendment Due Process and Equal Protection Clauses have both been used, but the Due Process Clause is the one most often associated with incorporation.Please note: Under the doctrine of selective incorporation, only the First, Second, Fourth and Sixth Amendments have been fully incorporated; the Fifth Amendment is mostly incorporated; The Third and Eighth Amendments are partially incorporated; the Seventh Amendment is unincorporated. The Ninth and Tenth Amendments, while considered part of the Bill of Rights, are not amenable to the process.For more information, see Related Questions, below.
What portion of the 14th Amendment forced the States to adhere to the Bill of Rights?
The Fourteenth Amendment Due Process and Equal Protection Clauses have both been used, but the Due Process Clause has been used more because many amendments in the Bill of Rights relate directly to protection against abuse from the criminal justice system (due process of law).Please note that only the First, Fourth and Sixth Amendments have been fully incorporated; the Fifth Amendment is mostly incorporated; The Third and Eighth Amendments are partially incorporated; the Second and Seventh Amendments are currently unincorporated. The Ninth and Tenth Amendments, while considered part of the Bill of Rights, are not amenable to the process.For more information, see Related Questions, below.
What could the US Supreme Court have done with the incorporation doctrine?
Yes, the US Supreme Court has used selective incorporation to apply the Bill of Rights to the states via the Fourteenth Amendment Equal Protection and Due Process Clauses, as such application became relevant. The First, Second, Fourth and Sixth Amendments are fully incorporated; the Fifth is mostly incorporated; the Eighth is partially incorporated; the Third is incorporated only in the Second Circuit; the Seventh is currently unincorporated.If the Court didn't support incorporation the Bill of Rights would have become applicable to the states all at once, or not at all.For more information, see Related Questions, below.
Has the Fifth amendment review right to grand jury been incorporated?
Generally speaking, the Fifth Amendment guarantee that "[n]o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury" has NOT been incorporated by the Fourteenth Amendment. In other words, this provision of the Fifth Amendment only applies to prosecution conducted by the federal government. It does not apply to persons prosecuted by a state or local government.
Has the First Amendment been incorporated to the States by the US Supreme Court?
AnswerYes, the First Amendment has been fully incorporated through the application of the Fourteenth Amendment Due Process and Equal Protection Clauses, under the doctrine of "selective incorporation." The First, Fourth and Sixth are the only Amendments the US Supreme Court has fully incorporated as of 2010, but the Fifth Amendment is mostly incorporated, and the Second Amendment may become incorporated before the end of the 2009-2010 Term in June.First Amendment (incorporated)Everson v. Board of Education, 330 US 1 (1947) clarified the Establishment Clause.Cantwell v. Connecticut, 310 US 296 (1940) held that the state couldn't impose restrictions on religious grounds.Gitlow v. New York, 268 US 652 (1925) held that the Fourteenth Amendment required the States to adhere to the First Amendment.Near v. Minnesota, 283 US 697 (1931) held that the Minnesota "gag law" violated freedom of the press.De Jonge v. Oregon, 299 US 353 (1937) held that Oregon's criminal syndicalism law was unconstitutional.NAACP v. Alabama, 357 US 449 (1958) Used Due Process Clause of Fourteenth Amendment to establish the right to expressive association, which is not specifically mentioned in the First Amendment.For more information about the Bill of Rights and selective incorporation, see Related Questions, below.
Jury trial in civil cases fall under what constitution amendment?
The Seventh, but that particular Amendment is not binding on the states. A state could set up a system where you get no jury trial in a civil case. That is because the Seventh Amendment has never been incorporated within the due process clause of the Fourteenth Amendment - in other words, the right to a jury in a civil case has never been held by the Supreme Court of the United States to be a right that is so fundamental as to be indispensable to the concept of ordered liberty. Other amendments that have not been incorporated (that is, compelling the states to enforce them) are the right to a grand jury (Fifth Amendment), and the right not to have troops quartered in your house (Third Amendment).
What US Supreme Court decision incorporated the First Amendment?
The First Amendment has been fully incorporated through the application of the Fourteenth Amendment, under the doctrine of "selective incorporation." Gitlow v. New York, (1925) was the first case that applied a First Amendment Clause to the states.The First, Second, Fourth and Sixth are the only Amendments the US Supreme Court has fully incorporated, as of 2010.Case Citation:Gitlow v. New York, 268 US 652 (1925)First Amendment (incorporated)Everson v. Board of Education, 330 US 1 (1947) clarified the Establishment Clause.Cantwell v. Connecticut, 310 US 296 (1940) held that the state couldn't impose restrictions on religious grounds.Gitlow v. New York, 268 US 652 (1925) held that the Fourteenth Amendment required the States to adhere to the First Amendment.Near v. Minnesota, 283 US 697 (1931) held that the Minnesota "gag law" violated freedom of the press.De Jonge v. Oregon, 299 US 353 (1937) held that Oregon's criminal syndicalism law was unconstitutional.NAACP v. Alabama, 357 US 449 (1958) Used Due Process Clause of Fourteenth Amendment to establish the right to expressive association, which is not specifically mentioned in the First Amendment.For more information, see Related Questions, below.
Which president passed the twenty-eighth amendment?
27 amendments to the U. S. Constitution have been ratified. Besides, I don't think the President has anything to do with the process of amending the Constitution.
Which amendments have been applied to the states through selective incorporation?
The First, Second, Fourth and SixthAmendments have been fully incorporated to the States via the Fourteenth Amendment Due Process and Equal Protection Clauses. The Fifth Amendment is almost fully incorporated; the Third and Eighth Amendments are partially incorporated; the Seventh Amendment is unincorporated; the Ninth and Tenth Amendments are not applicable.First Amendment (incorporated)Everson v. Board of Education, 330 US 1 (1947) clarified the Establishment Clause.Cantwell v. Connecticut, 310 US 296 (1940) held that the state couldn't impose restrictions on religious grounds.Gitlow v. New York, 268 US 652 (1925) held that the Fourteenth Amendment required the States to adhere to the First Amendment.Near v. Minnesota, 283 US 697 (1931) held that the Minnesota "gag law" violated freedom of the press.De Jonge v. Oregon, 299 US 353 (1937) held that Oregon's criminal syndicalism law was unconstitutional.NAACP v. Alabama, 357 US 449 (1958) Used Due Process Clause of Fourteenth Amendment to establish the right to expressive association, which is not specifically mentioned in the First Amendment.Second Amendment (incorporated)District of Columbia v. Heller, 554 US ___ (2008) determined District of Columbia handgun ban was a violation of respondent's Second Amendment right to own and bear arms.McDonald v. City of Chicago, 561 US ___ (2010) held self-protection is a fundamental right and incorporated the Second Amendment to the states.Third Amendment (not fully incorporated)2nd Circuit ruling in Engblom v. Carey upheld Third Amendment rights, but decision only applies to Connecticut, New York, and Vermont. Decision only has persuasive authority over remainder of states.Fourth Amendment (incorporated)Mapp v. Ohio, 367 US 643 (1961) protected individuals against unreasonable search and seizure.Aguilar v. Texas, 378 US 108 (1964) explicated warrant requirements.Fifth Amendment (partially incorporated)Benton v. Maryland, 395 US 784 (1969) disallows trial for the same crime more than once.Malloy v. Hogan, 378 US 1 (1964) upheld personal rights against self-incrimination.Chicago, Burlington & Quincy Railroad v. City of Chicago, 166 US 226 (1897) upheld Takings Clause, prohibiting exercising eminent domain without fair compensation.Miranda v. Arizona, 384 US 436 (1966) The Miranda warning falls under the Fifth Amendment as a legal precaution, rather than a Constitutional mandate.Sixth Amendment (incorporated)Klopfer v. North Carolina, 386 US 213 (1967) upheld the right to a speedy trial.In re Oliver, 333 US 257 (1948) upheld the right to a public trial.Duncan v. Louisiana, 391 US 145 (1968) ruled that trial by jury does not extend to juveniles in state court.In re Oliver, 333 US 257 (1948) upheld the right to notice of accusations.Pointer v. Texas, 380 US 400 (1965) upheld right to confront adversary witnesses.Washington v. Texas, 388 US 14 (1967) held subpoenas have to be issued for witness testimony.Gideon v. Wainwright, 372 US 335 (1963) upheld right to assistance of counsel.Seventh Amendment (not incorporated)Right to jury trial in civil cases not imposed on states.Eighth Amendment (partially incorporated)Murphy v. Hunt, 455 US 478 (1982) petition for certiorari on case of excessive bail, dismissed as moot once defendant was sentenced. No other challenge.Robinson v. California, 370 US 660 (1962) ruled that imprisonment for addiction (only) was cruel and unusual punishment.Baze and Bowling v. Rees, 553 US ___ (2008) held that death by lethal injection did not constitute cruel and unusual punishment.For more information, see Related Questions, below.
What does the 8th amendment protect?
excessive bail and fines; and also cruel punishment it was there to excessive bail and fines; and also cruel punishment The eighth amendment does not allow crueal and unusual punishments such as disemboweling, beheading, and pulling you into four pieces by horses. They did declare the death penalty unconstitutional until 1976, since then 628 inmates have been executed. The most common way to kill is by lethal injection, which takes about 7 minutes to do so.
Has the eighth group of the periodic table been discovered?
Yes, the eighth group, which is the Iron family, has been discovered.
Has the eighth Harry Potter book been published?
No as there isn't an eighth book.
