208-557: The Eighth Amendment ( Amendment VIII ) to the United States Constitution protects against imposing excessive bail , excessive fines, or cruel and unusual punishments . This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights . The amendment serves as a limitation upon the state or federal government to impose unduly harsh penalties on criminal defendants before and after
416-518: A Serjeant-at-Law on 12 February. After only four days it was announced that Joseph Yates was to move to the Common Pleas, and Blackstone was again sworn in as a judge, this time of the Court of King's Bench. This was apparently due to Yates' poor health; Lord Mansfield ran a busy court as Lord Chief Justice , and it was felt that his transfer to the Common Pleas was for the best. Others commented that it
624-841: A "major piece of pioneering scholarship" leading to Blackstone's election to the Society of Antiquaries in February 1761, and A Treatise on the Law of Descents in Fee Simple , which was later used, almost verbatim, as chapters 14 and 15 of the Commentaries . With sponsorship from the Prince of Wales and his success with the Analysis , Blackstone began work as a barrister, although he kept up his lecture series at Oxford. By 1760 he had become "a very eminent figure indeed in
832-621: A capital . . . crime, unless on a presentment or indictment of a Grand Jury, . . . nor be deprived of life . . . without due process of law." This clearly permits the death penalty to be imposed, and establishes beyond doubt that the death penalty is not one of the "cruel and unusual punishments" prohibited by the Eighth Amendment." A similar observation was made by the Supreme Court in 2019. The Supreme Court held in Bucklew v. Precythe (2019) that
1040-535: A citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has
1248-569: A complete overview of English law and were repeatedly republished in 1770, 1773, 1774, 1775, 1778 and in a posthumous edition in 1783. Reprints of the first edition, intended for practical use rather than antiquary interest, were published until the 1870s in England and Wales, and a working version by Henry John Stephen, first published in 1841, was reprinted until after the Second World War . Legal education in England had stalled; Blackstone's work gave
1456-517: A convention of state delegates in Philadelphia to propose revisions to the Articles. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and
1664-515: A conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689 . The prohibition against cruel and unusual punishments has led courts to hold that the Constitution totally prohibits certain kinds of punishment, such as drawing and quartering . Under
1872-408: A court can determine whether [the] challenged punishment comports with human dignity. They are, therefore, interrelated, and, in most cases, it will be their convergence that will justify the conclusion that a punishment is 'cruel and unusual'. The test, then, will ordinarily be a cumulative one: if a punishment is unusually severe, if there is a strong probability that it is inflicted arbitrarily, if it
2080-414: A deprivation of property without due process of law ". The Court wrote in its syllabus: The fixing of punishment for crime and penalties for unlawful acts is within the police power of the state , and this Court cannot interfere with state legislation in fixing fines, or judicial action in imposing them, unless so grossly excessive as to amount to a deprivation of property without due process of law. Where
2288-432: A disproportionate penalty for the crime of raping an adult woman." The dissent countered that the majority "takes too little account of the profound suffering the crime imposes upon the victims and their loved ones". The dissent also characterized the majority as " myopic " for considering legal history of only "the past five years". United States Constitution [REDACTED] [REDACTED] The Constitution of
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#17328445132012496-497: A familial tie to the founder or All Souls in an attempt to gain preeminence in elections. Completion of his Doctor of Civil Law degree, which he was awarded in April 1750, admitted him to Convocation , the governing body of Oxford, which elected the two burgesses who represented it in the House of Commons, along with most of the university officers. With this and with his continuing work at
2704-492: A far greater political mind. In addition, a private lecture series would be extremely lucrative. While his All Souls fellowship gave him £70 a year, records show that the lecture series brought him £116, £226 and £111 a year respectively from 1753 to 1755 – a total of £453 (£89,000 in 2023 terms). A prospectus was issued on 23 June 1753, and with a class of approximately 20 students, the first set of lectures were completed by July 1754. Despite Blackstone's limited oratory skills and
2912-565: A federal law that required that he report an amount in excess of $ 10,000. In describing what constituted "gross disproportionality", the Court could not find any guidance from the history of the Excessive Fines Clause, and so relied on Cruel and Unusual Punishment Clause case law: We must therefore rely on other considerations in deriving a constitutional excessiveness standard, and there are two that we find particularly relevant. The first, which we have emphasized in our cases interpreting
3120-609: A fine as excessive for the first time in United States v. Bajakajian (1998). Under the Excessive Bail Clause, the Supreme Court has held that the federal government cannot set bail at "a figure higher than is reasonably calculated" to ensure the defendant's appearance at trial. The Supreme Court has ruled that the Excessive Fines Clause and the Cruel and Unusual Punishments Clause apply to the states , but has not done this regarding
3328-513: A large number of contacts and connections, as well as visibility, which aided his legal career significantly. This period also saw Blackstone write his last known piece of poetry, Friendship: An Ode , in 1756. In 1756 Blackstone published the first of his full legal texts, the 200 page An Analysis of the Laws of England . Published by the Clarendon Press , the treatise was intended to demonstrate
3536-484: A law obviously violating any one of these principles, so court decisions regarding the Eighth Amendment would involve a "cumulative" analysis of the implication of each of the four principles. In this way, the United States Supreme Court "set the standard that a punishment would be cruel and unusual [if] it was too severe for the crime, [if] it was arbitrary, if it offended society's sense of justice, or if it
3744-527: A leading Exchequer barrister. The next five vacancies also failed to go to Blackstone, after the appointment of Lord Camden (a Whig) as Lord Chancellor . In 1765 Blackstone announced his resignation from the Vinerian Chair , effective after his 1766 lectures. These were divided into two 14-lecture series, on "private wrongs" and "public wrongs" delivered between 12 February and 24 April. At this point Blackstone had published nothing new since A Treatise on
3952-421: A limitation on Congress. Mason warned that, otherwise, Congress may "inflict unusual and severe punishments". Henry emphasized that Congress should not be allowed to depart from precedent: What has distinguished our ancestors?—That they would not admit of tortures, or cruel and barbarous punishment. But Congress may introduce the practice of the civil law, in preference to that of the common law. They may introduce
4160-399: A logical system, with the division of subjects later being the basis for his Commentaries . Following his lecture series, Blackstone became more prominent in convocation and other university activities. Oxford and Cambridge at the time had a strange system of law; due to their unique natures, they had exclusive jurisdiction over both academics and students in a fashion which followed either
4368-623: A major influence on the Albany Plan of Union , Benjamin Franklin's plan to create a unified government for the Thirteen Colonies , which was rejected. The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below ). The Preamble,
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#17328445132014576-505: A member of a family of lesser gentry from Middlesex . Their first child, William Bertie Blackstone, born 21 August 1762, did not survive to adulthood. Seven more children were born: Henry, James, Sarah, Mary, Philippa, William, Charles, and George, who also died in childhood. The Blackstones had a large estate in Wallingford in Berkshire, including 120 acres (46 ha) of pastureland around
4784-477: A more relaxed disposition. While quick to take offence at perceived slights on his own character and motives, he could also show surprising indifference to the effect his words and actions might have on others". This marked the beginning of his break with Oxford, which coincided with his growing influence outside the university. In 1759 Lord Bute , Prince George 's official tutor, requested copies of Blackstone's lectures, which he forwarded. Later that year Blackstone
4992-564: A patron, for his assistance in gaining appointment as Chief Justice of Chester , writing again in July 1762 to "prevail upon Lord Bute to recommend me to his Majesty's Notice", anticipating an upcoming vacancy in the Court of Common Pleas . Parliamentary service was considered a "desirable if never absolutely essential qualification for would-be English judges", something that did not necessarily bode well for Blackstone. Naturally inarticulate and reticent, he
5200-458: A permanent capital. North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification would only come after a threatened trade embargo. The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution
5408-462: A poor trial judge, being reversed on appeal more frequently than any of his peers. Blackstone returned to the Common Pleas on 25 June 1770, having spent less than six months in the King's Bench; Jeremy Bentham asserted that this was due to Mansfield's having Blackstone removed similarly to his removal of Yates. Bentham asserted that in the King's Bench, Blackstone was "always in hot water", and that there
5616-416: A punishment can be measured by two different aspects, which are independent of each other. The first aspect is whether the punishment involves the unnecessary and wanton infliction of pain. The second aspect is that the punishment must not be grossly out of proportion to the severity of the crime. In Miller v. Alabama , 567 U.S. 460 (2012), the Court explained that the Eighth Amendment "guarantees individuals
5824-458: A punishment which is either cruel or unusual. But the question cannot be considered in the abstract. Even one day in prison would be a cruel and unusual punishment for the 'crime' of having a common cold. However, in Powell v. Texas , 392 U.S. 514 (1968), the Court upheld a statute barring public intoxication by distinguishing Robinson on the basis that Powell dealt with a person who
6032-783: A scandalous Libell notoriously reflecting on the Character of him the said William Blackstone". Jackson had refused to reveal who ordered the anonymous pamphlet, leading to the suit, but it evidently did not proceed further. This suit, along with the struggle over the Vinerian Professorship and other controversies, damaged his reputation within the university, as evidenced by his failure to win election as Vice Warden in April 1759, losing to John White. Prest attributes Blackstone's unpopularity to specific personality traits, saying his "determination...in pursuit of causes to which he committed himself could irritate as well as intimidate those of
6240-479: A silver medal for his Latin verses on John Milton , gave the annual Latin oration in 1738, and was noted as having been the favourite student of his masters. On 1 October 1738, taking advantage of a new scholarship available to Charterhouse students, Blackstone matriculated at Pembroke College, Oxford . There are few surviving records of Blackstone's undergraduate term at Oxford, but the curriculum of Pembroke College had been set out in 1624, and Prest notes that it
6448-473: A speaking style described by Jeremy Bentham as "formal, precise and affected", Blackstone's lectures were warmly appreciated. The second and third series were far more popular, partly due to the then unusual use of printed handouts and lists of suggested reading. No copies of these handouts exist, but Alexander Popham , later a close friend of Blackstone, attended the lectures and made notes, which survive. These show Blackstone's attempts to reduce English law to
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6656-564: A state antitrust law fixed penalties at $ 5,000 a day, and, after the verdict is guilty for over 300 days, a defendant corporation was fined over $ 1,600,000, this Court will not hold that the fine is so excessive as to amount to a deprivation of property without due process of law where it appears that the business was extensive and profitable during the period of violation and that the corporation has over $ 40,000,000 of assets and has declared dividends amounting to several hundred percent The Court further stated in its opinion: [I]t has contended that
6864-520: A statute in 1275 whereby bailable and non-bailable offenses were defined. The King's judges often subverted the provisions of the law. It was held that an individual may be held without bail upon the Sovereign's command. Eventually, the Petition of Right of 1628 argued that the King did not have such authority. Later, technicalities in the law were exploited to keep the accused imprisoned without bail even where
7072-564: A topic of the U.S. Supreme Court's Eighth Amendment jurisprudence . The punishment of Oates involved ordinary penalties collectively imposed in a barbaric, excessive and bizarre manner. The reason why the judges in Oates' perjury case were not allowed to impose the death penalty (unlike in the cases of those whom Oates had falsely accused) may be because such a punishment would have deterred even honest witnesses from testifying in later cases. England's declaration against "cruel and unusual punishments"
7280-465: Is a nine-foot (2.7 m) standing portrait of Blackstone wearing judicial robes and a long curly wig, holding a copy of Commentaries . It is placed on a tall granite base and stands on Constitution Avenue and 3rd Street NW. The town of Blackstone, Virginia , is named after him. The North Wall Frieze in the courtroom of the Supreme Court of the United States depicts William Blackstone, as one of
7488-470: Is attributed to his work. In 1749 he became Steward of the Manors, and in 1750 was made Senior Bursar. Records show a "perfectionist zeal" in organising the estates and finances of All Souls, and Blackstone was noted for massively simplifying the complex accounting system used by the college. In 1750 Blackstone completed his first legal tract, An Essay on Collateral Consanguinity , which dealt with those claiming
7696-594: Is basic to our system of law, and the Eighth Amendment's proscription of excessive bail has been assumed to have application to the States through the Fourteenth Amendment." In McDonald v. City of Chicago (2010), the right against excessive bail was included in a footnote listing incorporated rights. In Waters-Pierce Oil Co. v. Texas , 212 U.S. 86 (1909), the Supreme Court held that excessive fines are those that are "so grossly excessive as to amount to
7904-631: Is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then the Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies . The Articles of Confederation and Perpetual Union
8112-467: Is hard to view Weems as announcing a constitutional requirement of proportionality." In Trop v. Dulles , 356 U.S. 86 (1958), the Supreme Court held that punishing a natural-born citizen for a crime by revoking his citizenship is unconstitutional, being "more primitive than torture " because it involved the "total destruction of the individual's status in organized society". In Robinson v. California , 370 U.S. 660 (1962),
8320-536: Is not the best." The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. Within three days of its signing on September 17, 1787,
8528-518: Is substantially rejected by contemporary society, and if there is no reason to believe that it serves any penal purpose more effectively than some less severe punishment, then the continued infliction of that punishment violates the command of the Clause that the State may not inflict inhuman and uncivilized punishments upon those convicted of crimes." Justice Brennan also wrote that he expected no state would pass
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8736-504: Is that any judicial determination regarding the gravity of a particular criminal offense will be inherently imprecise. Both of these principles counsel against requiring strict proportionality between the amount of a punitive forfeiture and the gravity of a criminal offense, and we therefore adopt the standard of gross disproportionality articulated in our Cruel and Unusual Punishments Clause precedents. See, e.g., Solem v. Helm , supra, at 288; Rummel v. Estelle , 445 U.S. 263, 271 (1980). Thus
8944-437: Is the one picked up by Benjamin Franklin and others, so that the term has become known as "Blackstone's Ratio". As John Adams , having studied Blackstone, put it: It is more important that innocence should be protected, than it is, that guilt be punished; for guilt and crimes are so frequent in this world, that all of them cannot be punished.... when innocence itself, is brought to the bar and condemned, especially to die,
9152-632: Is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution. The president is the Commander in Chief of the United States Armed Forces , as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government,
9360-406: Is understandable, given his family's theological interests, but the more surprising element is the sheer number of texts he owned given his relative poverty as a student. On 9 July 1740, after only a year and a half as a Bachelor of Arts student, Blackstone was admitted to study for a Bachelor of Civil Law degree, civil law being the only legal area recognised by his university. This degree course
9568-522: The Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on the powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to
9776-500: The British Enlightenment ", comparing him to Montesquieu , Beccaria and Voltaire . Academics have said that the Commentaries were crucial in changing English Law from a system based on actions to a system of substantive law . At the time of publication, the common law of England was still, in some ways, in its infancy, with people uncertain as to what the law was. The Commentaries helped to solidify legal thinking. At
9984-514: The Commentaries had a substantial impact; with the scarcity of law books on the frontier, they were "both the only law school and the only law library most American lawyers used to practise law in America for nearly a century after they were published." Blackstone had drawn up a plan for a dedicated School of Law, and submitted it to the University of Oxford ; when the idea was rejected he included it in
10192-474: The Commentaries . It is from this plan that the modern system of American law schools comes. Subscribers to the first edition of Blackstone, and later readers who were profoundly influenced by it, include James Iredell , John Marshall , James Wilson , John Jay , John Adams , James Kent and Abraham Lincoln . In the early 1920s the American Bar Association presented a statue of Blackstone to
10400-519: The Commentaries on the Laws of England . In England and America the Commentaries became the basis of university legal education. Demand for reprinted, abridged and translated versions was "almost inexhaustible" in the 18th and 19th centuries, although the Commentaries' emphasis on the sovereignty of Parliament drew ire. Alexis de Tocqueville described Blackstone as "an inferior writer, without liberality of mind or depth of judgment". Other commentators differ; one described him as "the core element in
10608-509: The Court of Chancery are also noted, and he is known to have been consulted in Roger Newdigate 's long-running lawsuit there, but his early court appearances are infrequent. This is considered to have been due to his call to the Bar occurring at the same time as the massive contraction in business by the central courts, along with his singular lack of connections due to his status as an orphan from
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#173284451320110816-584: The Due Process Clause expressly allows the death penalty in the United States because "the Fifth Amendment, added to the Constitution at the same time as the Eighth, expressly contemplates that a defendant may be tried for a 'capital' crime and 'deprived of life' as a penalty, so long as proper procedures are followed". The Court also explicitly said: "The Constitution allows capital punishment. [...] Nor did
11024-568: The Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by
11232-602: The New Jersey Plan , also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote. On June 19, 1787, delegates rejected the New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation. The first of these pitted Northern states, where slavery
11440-572: The River Thames and the right of advowson over St Peter's Church . In February 1761 Blackstone was considered as a potential Tory candidate for the rotten borough of Hindon in Wiltshire. After consultation with friends, he agreed to this prospect – at the same time refusing the offer of appointment as Lord Chief Justice of Ireland . On 30 March 1761 he was returned for Hindon, and took his seat. This did not limit his legal work, initially, with
11648-578: The State of the Union , and by the Recommendation Clause , recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances. Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article III describes
11856-469: The Third Earl of Abingdon , making it an appropriate house for a "great and able Lawyer". Blackstone's treatise was republished in 1770, 1773, 1774, 1775, 1778 and in a posthumous edition in 1783. Reprints of the first edition, intended for practical use rather than antiquary interest, were published until the 1870s in England and Wales, and a working version by Henry John Stephen , first published in 1841,
12064-694: The Virginia Declaration of Rights were incorporated into the Bill of Rights. Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law. A substantial body of thought had been developed from the literature of republicanism in the United States , typically demonstrated by the works of John Adams , who often quoted Blackstone and Montesquieu verbatim, and applied to
12272-470: The court system (the judicial branch ), including the Supreme Court . The article describes the kinds of cases the court takes as original jurisdiction . Congress can create lower courts and an appeals process and enacts law defining crimes and punishments. Article Three also protects the right to trial by jury in all criminal cases , and defines the crime of treason . William Blackstone Sir William Blackstone (10 July 1723 – 14 February 1780)
12480-539: The egalitarian character of the American people. In a 1787 letter to John Rutledge , Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced
12688-400: The legislative , consisting of the bicameral Congress ( Article I ); the executive , consisting of the president and subordinate officers ( Article II ); and the judicial , consisting of the Supreme Court and other federal courts ( Article III ). Article IV , Article V , and Article VI embody concepts of federalism , describing the rights and responsibilities of state governments ,
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#173284451320112896-411: The states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution , often referred to as its framing,
13104-427: The "Order, and principal Divisions" of his lecture series, and a structured introduction to English law. Prest calls this "a marked advance on any previous introduction to English law ... including constitutional, civil and criminal law, public and private law, substantive law and procedure, as well as some introductory jurisprudential content". The initial print run of 1,000 copies almost immediately sold out, leading to
13312-534: The 74 delegates appointed by the states, 55 attended. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. Two plans for structuring the federal government arose at the convention's outset: On May 31, the Convention devolved into the Committee of the Whole , charged with considering
13520-527: The Articles, required legislative approval by all 13 of the newly formed states. Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington , "no money." The Confederated Congress could print money, but it was worthless, and while
13728-454: The Bill of Rights were aware of such provisions [outlawing disproportional punishments], yet chose not to replicate them." In Graham v. Florida , 560 U.S. 48 (2010), the Supreme Court declared that a life sentence without any chance of parole, for a crime other than murder, is cruel and unusual punishment for a minor . Two years later, in Miller v. Alabama , 567 U.S. 460 (2012),
13936-580: The Common Pleas, Blackstone operated under a civil jurisdiction rather than a mixed civil and criminal one. This played to his strengths, and many of his decisions are considered farsighted; the principle in Blaney v Hendricks , for example, that interest is due on an account where money was lent, which anticipated Section 3 of the Law Reform (Miscellaneous Provisions) Act 1934 . Blackstone's decision in Goldswain's Case
14144-545: The Confederation had "virtually ceased trying to govern." The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington , Benjamin Franklin , and Rufus King . Their dream of a republic , a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt. On February 21, 1787, the Confederation Congress called
14352-462: The Congress could borrow money, it could not pay it back. No state paid its share of taxes to support the government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts. Under the Articles,
14560-557: The Constitution was submitted to the Congress of the Confederation , then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification . Under
14768-443: The Constitution's introductory paragraph, lays out the purposes of the new government: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The opening words, " We
14976-761: The Constitution, the Federalists , and the other opposing it, the so-called Anti-Federalists . Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York , at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress— Hamilton , Madison , and Jay —published a series of commentaries, now known as The Federalist Papers , in support of ratification. Before year's end, three state legislatures voted in favor of ratification. Delaware
15184-502: The Constitution] in the manner most beneficial to the people," even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional." Article II describes
15392-651: The Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone , Hume , Locke and Montesquieu were among the political philosophers most frequently referred to. Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties. Historian Jack P. Greene maintains that by 1776
15600-404: The Court decided a California law authorizing a 90-day jail sentence for "be[ing] addicted to the use of narcotics " violated the Eighth Amendment, as narcotics addiction "is apparently an illness", and California was attempting to punish people based on the state of this illness, rather than for any specific act. The Court wrote: To be sure, imprisonment for ninety days is not, in the abstract,
15808-440: The Court declared that, within the context of judicial deference to the legislature's power to set punishments, a fine would not offend the Eighth Amendment unless it were "grossly disproportional to the gravity of a defendant's offense". In Timbs v. Indiana the Supreme Court ruled that the Excessive Fines Clause applies to state and local governments under the Due Process Clause of the Fourteenth Amendment. The case involves
16016-471: The Court sustained a mandatory sentence of life without parole imposed for possession of 672 grams (1.5 pounds) or more of cocaine. The Court acknowledged that a punishment could be cruel but not unusual, and therefore not prohibited by the Constitution. Additionally, in Harmelin , Justice Scalia , joined by Chief Justice Rehnquist , said "the Eighth Amendment contains no proportionality guarantee," and that "what
16224-446: The Court went further, holding that mandatory life sentences without parole cannot be imposed on minors, even for homicide. In Coker v. Georgia , 433 U.S. 584 (1977), the Court declared that the death penalty was unconstitutionally excessive for rape of a woman and, by implication, for any crime where a death does not occur. The majority in Coker stated that "death is indeed
16432-438: The Cruel and Unusual Punishment Clause, the Supreme Court has struck down the application of capital punishment in some instances, but capital punishment is still permitted in some cases where the defendant is convicted of murder . The Supreme Court has held that the Excessive Fines Clause prohibits fines that are "so grossly excessive as to amount to a deprivation of property without due process of law". The Court struck down
16640-584: The Cruel and Unusual Punishments Clause limits the criminal process in three ways: "[F]irst, it limits the kinds of punishment that can be imposed on those convicted of crimes, e.g., Estelle v. Gamble , supra; Trop v. Dulles , supra; second, it proscribes punishment grossly disproportionate to the severity of the crime, e.g., Weems v. United States , supra ; and third, it imposes substantive limits on what can be made criminal and punished as such, e.g., Robinson v. California , supra ." In Louisiana ex rel. Francis v. Resweber , 329 U.S. 459 (1947),
16848-606: The Cruel and Unusual Punishments Clause, is that judgments about the appropriate punishment for an offense belong in the first instance to the legislature. See, e.g., Solem v. Helm , 463 U.S. 277, 290 (1983) ("Reviewing courts ... should grant substantial deference to the broad authority that legislatures necessarily possess in determining the types and limits of punishments for crimes"); see also Gore v. United States , 357 U.S. 386, 393 (1958) ("Whatever views may be entertained regarding severity of punishment ... these are peculiarly questions of legislative policy"). The second
17056-444: The Eighth Amendment has been interpreted to mean that bail may be denied if the charges are sufficiently serious. The Supreme Court has also permitted "preventive" detention without bail. In United States v. Salerno , 481 U.S. 739 (1987), the Supreme Court held that the only limitation imposed by the Excessive Bail Clause is that "the government's proposed conditions of release or detention not be 'excessive' in light of
17264-407: The Eighth Amendment was adopted. James Madison changed "ought" to "shall", when he proposed the amendment to Congress in 1789. In Coker v. Georgia (1977) it was decided that "Eighth Amendment judgments should not be, or appear to be, merely the subjective views of individual Justices; judgment should be informed by objective factors to the maximum possible extent." In Timbs v. Indiana (2019)
17472-728: The English Bar Association; however, at the time, the sculpture was too tall to be placed in the Royal Courts of Justice in London. The sculpture, designed by Paul Wayland Bartlett was eventually cast in Europe and presented back to the US for display. Congress approved the placement of the sculpture in Washington, D.C., on 15 March 1943, and appropriated $ 10,000 for the installation. The bronze statue
17680-545: The English Bill of Rights into law in December 1689. Members of parliament characterized the punishment in the Oates case as not just "barbarous" and "inhuman" but also "extravagant" and "exorbitant". There is some scholarly dispute about whom the clause intended to limit. In England, the "cruel and unusual punishments" clause may have been a limitation on the discretion of judges, requiring them to adhere to precedent. According to
17888-587: The Excessive Bail Clause. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Eighth Amendment was adopted, as part of the Bill of Rights , in 1791. It 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." The provision
18096-452: The Government of the United States had provided no remedy and could provide none. In Furman v. Georgia , 408 U.S. 238 (1972), Justice Brennan wrote, "There are, then, four principles by which we may determine whether a particular punishment is 'cruel and unusual'." Justice Brennan added: "The function of these principles, after all, is simply to provide [the] means by which
18304-651: The Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension". John Napoleon Brinton Hewitt , who was born on the Tuscarora Indian Reservation , and was an ethnologist at the Smithsonian Institution 's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had
18512-414: The Law of Descents in Fee Simple in 1759. The decision to resign was most likely due to the increasing demands of his legal practice and the reduced profit from the lectures, which, after peaking at £340 in 1762, dropped to £239 a year later and to £203 for the final round of lectures in 1765–6. In response, Blackstone decided to publish a new book – Commentaries on the Laws of England . The first volume
18720-534: The Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause , also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and
18928-543: The Laws of England are considered the most influential books on law in the new republic. Madison made frequent reference to Blackstone, Locke, and Montesquieu, all of whom were among the most prominent political theorists of the late eighteenth century. Following the Glorious Revolution of 1688, British political philosopher John Locke was a major influence, expanding on the contract theory of government advanced by Thomas Hobbes , his contemporary. Locke advanced
19136-450: The Laws of England . So much was this the case that the Commentaries rank second only to the Bible as a literary and intellectual influence on the history of American institutions." Even towards the end of the twentieth century, the Commentaries were cited in Supreme Court decisions between 10 and 12 times a year. Within United States academia and practise, as well as within the judiciary,
19344-520: The Massachusetts Ratifying Convention for the federal constitution, for example noted in a letter from January 30, 1788, that the new Constitution would give the U.S. Congress the power "to ascertain, point out, and determine, what kind of punishments shall be inflicted on persons convicted of crimes." He added with respect those who would belong to the new government under the new Constitution: "They are nowhere restrained from inventing
19552-453: The People ", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states. In place of the names of
19760-527: The Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of
19968-451: The State legislation of this Union, of flagrant violations of the guarantied privileges of citizens of the United States, for which the national Government furnished and could furnish by law no remedy whatever. Contrary to the express letter of your Constitution, "cruel and unusual punishments" have been inflicted under State laws within this Union upon citizens, not only for crimes committed, but for sacred duty done, for which and against which
20176-464: The Study of the Law . The lecture was tremendously popular, being described as a "sensible, spirited and manly exhortation to the study of the law"; the initial print run sold out, necessitating the publication of another 1,000 copies, and it was used to preface later versions of the Analysis and the first volume of the Commentaries . Within the university, however, Blackstone was not as popular. As soon as
20384-412: The Supreme Court assumed arguendo that the Cruel and Unusual Punishments Clause applied to the states through the Due Process Clause of the Fourteenth Amendment . In Robinson v. California , 370 U.S. 660 (1962), the Court ruled that it did apply to the states through the Fourteenth Amendment. Robinson was the first case in which the Supreme Court applied the Eighth Amendment against
20592-415: The Supreme Court ruled that the Excessive Fines Clause does apply to civil asset forfeiture actions taken by the federal government, in the specific case, the government's seizure of the petitioner's auto body shop on the basis of one charge of drug possession for which he had served seven years in prison. In United States v. Bajakajian , 524 U.S. 321 (1998), the Supreme Court ruled that it
20800-681: The Supreme Court ruled that the Excessive Fines Clause does not apply "when the government neither has prosecuted the action nor has any right to receive a share of the damages awarded". While punitive damages in civil cases are not covered by the Excessive Fines Clause, such damages were held to be covered by the Due Process Clause of the Fourteenth Amendment, notably in State Farm Mutual Automobile Insurance Co. v. Campbell , 538 U.S. 408 (2003). In Austin v. United States 509 U.S. 602 (1993),
21008-399: The Supreme Court stated that the Excessive Bail Clause, the Excessive Fines Clause and the Cruel and Unusual Punishment Clause together form a shield against abuses stemming from the government's punitive or criminal-law-enforcement authority . In England, sheriffs originally determined whether to grant bail to criminal suspects. Since they tended to abuse their power, Parliament passed
21216-814: The Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783 was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating
21424-502: The U.S. Constitution , and are considered to be the most outspoken supporters of the Iroquois thesis. The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne, William Starna, George Hamell, and historian and archaeologist Philip Levy , who claims the evidence is largely coincidental and circumstantial. The most outspoken critic, anthropologist Elisabeth Tooker , claimed
21632-528: The United States is the supreme law of the United States . It superseded the Articles of Confederation , the nation's first constitution , on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government . The Constitution's first three articles embody the doctrine of the separation of powers , in which the federal government is divided into three branches:
21840-426: The United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite the protests of U.S. officials. When Barbary pirates began seizing American ships of commerce,
22048-536: The Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan. A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16 to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing
22256-546: The [common] law." The Commentaries had a particular influence in the United States; James Iredell , an original Associate Justice of the Supreme Court of the United States wrote that the Commentaries were "Books admirably calculated for a young Student, and indeed may instruct the most learned ... Pleasure and Instruction go hand in hand." When the Commentaries were first printed in North America, 1,400 copies were ordered for Philadelphia alone. Academics have also noted
22464-424: The central courts only sat for three months of the year, the rest of his time was spent on Assize when his work at All Souls permitted. He regularly acted as a law reporter; his personal notes on cases start with Hankey v Trotman (1746). Blackstone's barrister practice began slowly; his first case in the Court of King's Bench was in 1748, and he had only 6 additional motions there through 1751. Two appearances in
22672-401: The close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York , William Samuel Johnson from Connecticut , Rufus King from Massachusetts , James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles. The final draft, presented to
22880-484: The common law or their own customs, based on the civil law. With his appointment as assessor (or chief legal officer) of the Chancellor's Court, Blackstone became far more involved in the university's peculiar legal system, and records show him sitting between eight and ten times a year from 1753 to 1759, mainly dealing with small claims of debt. He also wrote a manual on the Court's practice, and through his position gained
23088-462: The complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barrister and instead embarked on a series of lectures on English law, the first of their kind. These were massively successful, earning him a total of £453 (£89,000 in 2023 terms), and led to the publication of An Analysis of the Laws of England in 1756, which repeatedly sold out and was used to preface his later works. On 20 October 1759 Blackstone
23296-420: The convention on September 12, contained seven articles, a preamble and a closing endorsement , of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress. The final document, engrossed by Jacob Shallus , was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in
23504-494: The court of king's bench, in the reign of king James the second) ... Virginia adopted this provision of the English Bill of Rights in the Virginia Declaration of Rights of 1776, and the Virginia convention that ratified the U.S. Constitution recommended in 1788 that this language also be included in the Constitution. Virginians such as George Mason and Patrick Henry wanted to ensure this restriction would also be applied as
23712-921: The creation of state constitutions . While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu , John Locke and others, Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Jefferson maintained, that most European governments were autocratic monarchies and not compatible with
23920-569: The crime, or compared to the competence of the perpetrator. This will be discussed in the sections below. In Wilkerson v. Utah , 99 U.S. 130 (1878), the Supreme Court commented that drawing and quartering , public dissection , burning alive , or disembowelment constituted cruel and unusual punishment. Relying on Eighth Amendment case law Justice William O. Douglas stated in his Robinson v. California , 370 U.S. 660 (1962) concurrence opinion that "historic punishments that were cruel and unusual included " burning at
24128-593: The death penalty constituted cruel and unusual punishment if the defendant is under age 16 when the crime was committed. Furthermore, in Roper v. Simmons , 543 U.S. 551 (2005), the Court barred the executing of people who were under age 18 when the crime was committed. In Atkins v. Virginia , 536 U.S. 304 (2002), the Court declared that executing people who are mentally handicapped constituted cruel and unusual punishment. The case of Weems v. United States , 217 U.S. 349 (1910), marked
24336-418: The document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Second Continental Congress , convened in Philadelphia in what today
24544-656: The early reliance of the Supreme Court on the Commentaries , probably due to a lack of US legal tradition at that time. The US academic Robert Ferguson notes that "all our formative documents – the Declaration of Independence , the Constitution , the Federalist Papers and the seminal decisions of the Supreme Court under John Marshall – were drafted by attorneys steeped in Sir William Blackstone's Commentaries on
24752-456: The establishment of the Inquisition in the United States, Henry was concerned with the application of torture as a way of extracting confessions. They also feared that the federal government would misuse its powers to create federal crimes as well as to punish those who committed them under the new Constitution and thus use these powers as a way to oppress the people. Abraham Holmes, a member of
24960-532: The factors to consider, a sentence of life imprisonment without parole for cashing a $ 100 check on a closed account was cruel and unusual. However, in Harmelin v. Michigan , 501 U.S. 957 (1991), a fractured Court retreated from the Solem test and held that for non-capital sentences, the Eighth Amendment constrains only the length of prison terms by a "gross disproportionality principle". Under this principle,
25168-456: The family following Charles' death, helps explain the educational upbringing of the children. William Blackstone was sent to Charterhouse School in 1730 having been nominated by Charles Wither, a relative of Mary Blackstone. William did well there, and became head of the school by age 15. However, after Charles' death the family fortunes declined, and after Mary died (5 January 1736) the family's resources largely went to meet unpaid bills. William
25376-418: The federal judiciary. On July 24, a Committee of Detail , including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point. The Convention recessed from July 26 to August 6 to await
25584-416: The fines imposed are so excessive as to constitute a taking of the defendant's property without due process of law. It is not contended in this connection that the prohibition of the Eighth Amendment to the federal Constitution against excessive fines operates to control the legislation of the states. The fixing of punishment for crime or penalties for unlawful acts against its laws is within the police power of
25792-527: The first of four volumes of Commentaries on the Laws of England , considered his magnum opus ; the completed work earned Blackstone £14,000 (£2,459,000 in 2023 terms). After repeated failures, he successfully gained appointment to the judiciary as a justice of the Court of King's Bench on 16 February 1770, leaving to replace Edward Clive as a justice of the Common Pleas on 25 June. He remained in this position until his death, on 14 February 1780. Blackstone's four-volume Commentaries were designed to provide
26000-433: The first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City. As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing
26208-433: The first time the Supreme Court exercised judicial review to overturn a criminal sentence as cruel and unusual. The Court overturned a punishment called cadena temporal , which mandated "hard and painful labor", shackling for the duration of incarceration, and permanent civil disabilities. This case is often viewed as establishing a principle of proportionality under the Eighth Amendment. However, others have written that "it
26416-480: The focus of each Article remains the same as when adopted in 1787. Article I describes the Congress , the legislative branch of the federal government. Section 1 reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives ." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be
26624-415: The founders drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law . Historian Daniel Walker Howe notes that Benjamin Franklin greatly admired David Hume , an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary and that
26832-399: The government open. As such, Blackstone, now MP for Westbury , was apparently approached to become Solicitor-General; he refused, not wanting to deal with the complicated duties attached to the position. On 9 February 1770 – apparently with the intervention of the King, and possibly Lord Mansfield – Blackstone became a Justice of the Common Pleas , succeeding Edward Clive , and was made
27040-441: The great treatise of the 1760s by William Blackstone entitled Commentaries on the Laws of England : [H]owever unlimited the power of the court may seem, it is far from being wholly arbitrary; but its discretion is regulated by law. For the bill of rights has particularly declared, that excessive fines ought not to be imposed, nor cruel and unusual punishments inflicted: (which had a retrospect to some unprecedented proceedings in
27248-413: The group executing Charles Viner's will reported to Convocation that Viner recommended creating a Chair of English Law, with a £200 salary. After much debate, this position was created, and on 20 October 1758 Blackstone was confirmed as the first Vinerian Professor of English Law . On 24 October he gave his first lecture, to "a crowded audience"; the text was soon printed and published as A Discourse on
27456-460: The idea of separation had for its purpose the even distribution of authority among the several branches of government. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials , contain a right to keep and bear arms , prohibit excessive bail and forbid " cruel and unusual punishments ". Many liberties protected by state constitutions and
27664-457: The later addition of the Eighth Amendment outlaw the practice. [...] The same Constitution that permits States to authorize capital punishment also allows them to outlaw it. [...] While the Eighth Amendment doesn't forbid capital punishment, it does speak to how States may carry out that punishment, prohibiting methods that are 'cruel and unusual'." The Court also explained in Bucklew that “what unites
27872-653: The law "at least a veneer of scholarly respectability". William Searle Holdsworth , one of Blackstone's successors as Vinerian Professor, argued that "If the Commentaries had not been written when they were written, I think it very doubtful that the United States , and other English speaking countries would have so universally adopted the common law." In the United States, the Commentaries influenced Alexander Hamilton , John Marshall , James Wilson , John Jay , John Adams , James Kent and Abraham Lincoln , and remain frequently cited in Supreme Court decisions. Blackstone
28080-676: The lecture series opened, an anonymously written open letter was published charging that Blackstone had "violated the Statutes of the University, by arbitrarily changing the Day appointed for reading his solemn Lectures". Blackstone suffered a nervous breakdown soon after the first lecture, and on 24 November he launched a suit in the Chancellor's Court against "William Jackson of the City of Oxford Printer" for £500 damages, justified by Jackson "printing and publishing
28288-431: The letter and the spirit of the Articles. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor at
28496-617: The life-sized statue of Blackstone in his judicial robes cost £539, and has rested in the Codrington Library (now the All Souls College Library ) since 1872. His brother-in-law, James Clitherow, also published in 1781 two volumes of his law reports which added £1,287 to the estate, and in 1782 the Biographical History of Sir William Blackstone appeared. Blackstone's primary legacy is his written work, specifically
28704-633: The lower class was a better judge of character when it came to choosing their representatives. In his Institutes of the Lawes of England , Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606 , he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on
28912-544: The lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held the Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College . Since the Constitution became operational in 1789, it has been amended 27 times. The first ten amendments, known collectively as
29120-475: The middle class; he was described as "unrecognised and unemployed". He filled his time by acting as counsel for Oxford, and from May 1749 with his election as Recorder of Wallingford . While dividing his time, Blackstone became an administrator at All Souls, securing appointment as accountant, treasurer and bursar on 28 November 1746. Completion of the Codrington Library and Warton Building, first started in 1710 and 1720 respectively but not built until 1748,
29328-595: The most cruel and unheard-of punishments, and annexing them to crimes; and there is no constitutional check on them, but that racks and gibbets may be amongst the most mild instruments of their discipline." Relying on the history of the Eighth Amendment and its own caselaw the Supreme Court stated in Ingraham v. Wright (1977) that the Cruel and Unusual Punishments Clause was designed to protect those convicted of crimes. The Supreme Court consequently determined in Ingraham that
29536-434: The most influential legal commentators in world history. Among the most well-known of Blackstone's contributions to judicial theory is his own statement of the principle that it "is better that ten guilty persons escape than that one innocent suffer." While this argument originates at least as far back as Genesis 18:23–32 in the Bible, as well as versions by Maimonides and Sir John Fortescue , Blackstone's analysis
29744-457: The need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius 's 2nd century BC treatise on the checks and balances of the Roman Republic ). In his The Spirit of Law , Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, while also emphasizing that
29952-410: The offense. The Court outlined three factors that were to be considered in determining if a sentence is excessive: "(i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for commission of the same crime in other jurisdictions." The Court held that in the circumstances of the case before it and
30160-476: The offenses were bailable; such loopholes were for the most part closed by the Habeas Corpus Act 1679 . Thereafter, judges were compelled to set bail, but they often required impracticable amounts. Finally, the English Bill of Rights (1689) held that "excessive bail ought not to be required." However, the English Bill of Rights did not determine the distinction between bailable and non-bailable offenses. Thus,
30368-521: The office, qualifications, and duties of the President of the United States and the Vice President . The President is head of the executive branch of the federal government , as well as the nation's head of state and head of government . Article two is modified by the 12th Amendment , which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president
30576-541: The people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in
30784-431: The perceived evil". In Stack v. Boyle , 342 U.S. 1 (1951), the Supreme Court declared that a bail amount is "excessive" under the Eighth Amendment if it were "a figure higher than is reasonably calculated" to ensure the defendant's appearance at trial. The incorporation status of the Excessive Bail Clause is unclear. In Schilb v. Kuebel , 404 U.S. 357 (1971), the Court stated in dicta : "Bail, of course,
30992-407: The power to regulate and govern military forces and militias , suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against
31200-486: The practice of France, Spain, and Germany--of torturing, to extort a confession of the crime. They will say that they might as well draw examples from those countries as from Great Britain, and they will tell you that there is such a necessity of strengthening the arm of government, that they must have a criminal equity, and extort confession by torture, in order to punish with still more relentless severity. We are then lost and undone. Ultimately, Henry and Mason prevailed, and
31408-428: The preservation of the Union." The proposal might take effect when approved by Congress and the states. On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum. A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of
31616-418: The president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make " recess appointments " for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment . The president reports to Congress on
31824-523: The principle of consent of the governed in his Two Treatises of Government . Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property . Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78 . Jefferson, Adams, and Mason were known to read Montesquieu. Supreme Court Justices ,
32032-507: The printing of three more 1,000-book lots over the next three years, which all sold out. A fifth edition was published in 1762, and a sixth, edited to take into account Blackstone's Commentaries on the Laws of England , in 1771. Because of the success of the Commentaries , Prest remarks that "relatively little scholarly attention has been paid to this work"; at the time, however, it was hailed as "an elegant performance ... calculated to facilitate this branch of knowledge". On 8 March 1758,
32240-495: The process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority. Two factions soon emerged, one supporting
32448-559: The prosecution in a feud over Louis XV 's newly appointed cross-dressing Ambassador to the United Kingdom. With this increase in his practice, Blackstone also saw an increase in his out-of-court work, writing opinions and recommendations for various Oxford colleges, the MP Jonathan Rashleigh and the fourth Earl of Abingdon , who paid him to draft several private Acts of Parliament. In December 1761, he asked Lord Shelburne ,
32656-498: The prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties. With that, the anti-Federalists' position collapsed. On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing
32864-455: The punishments the Eighth Amendment was understood to forbid, and distinguishes them from those it was understood to allow, is that the former were long disused (unusual) forms of punishment that intensified the sentence of death with a (cruel) superadd[ition] of terror, pain, or disgrace." According to the Supreme Court , the Eighth Amendment forbids some punishments entirely, and forbids some other punishments that are excessive when compared to
33072-425: The report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented. From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. Toward
33280-442: The result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it
33488-612: The right not to be subjected to excessive sanctions", and that "punishment for crime should be graduated and proportioned to both the offender and the offense." The Supreme Court has also looked to "the evolving standards of decency that mark the progress of a maturing society" when addressing the prohibition on cruel and unusual punishments. Justice Antonin Scalia noted in a concurring opinion in Callins v. Collins (1994): "The Fifth Amendment provides that "[n]o person shall be held to answer for
33696-469: The same time, legal education had stalled, and Blackstone's work gave the Law "at least a veneer of scholarly respectability". William Searle Holdsworth , one of Blackstone's successors as Vinerian Professor , argued that "if the Commentaries had not been written when they were written, I think it very doubtful that [the United States], and other English speaking countries would have so universally adopted
33904-493: The seat being given without a requirement to attend or vote in a particular way, and the grant of a patent of precedence at the same time actually increased the demand on his time. Court records show him pleading before Lord Mansfield in the Court of King's Bench soon after his election, and acting as counsel in Tonson v Collins , a copyright case, Thiquet v Bath , an important case on international law, and R v d'Eon , acting for
34112-589: The second and third volumes, published in October 1766 and June 1768, received a similar reception. The fourth and final volume appeared in 1769, dealing with Criminal Law. With the financial success of the Commentaries , Blackstone moved in 1768 from his London property in Carey Fields to No. 55 Lincoln's Inn Fields. Neighbours included the Sardinian ambassador, Sir Walter Rawlinson , Lord Northington , John Morton and
34320-408: The stake , crucifixion , breaking on the wheel " ( In re Kemmler , 136 U. S. 436, 136 U. S. 446), quartering , the rack and thumbscrew (see Chambers v. Florida , 309 U. S. 227, 309 U. S. 237), and, in some circumstances, even solitary confinement (see In re Medley, 134 U. S. 160, 134 U. S. 167-168)." In Thompson v. Oklahoma , 487 U.S. 815 (1988), the Supreme Court ruled that
34528-568: The state governments through the Fourteenth Amendment. Before Robinson , the Eighth Amendment had been applied previously only in cases against the federal government. Justice Potter Stewart 's opinion for the Robinson Court held that "infliction of cruel and unusual punishment is in violation of the Eighth and Fourteenth Amendments." The framers of the Fourteenth Amendment, such as John Bingham , had discussed this subject: Many instances of State injustice and oppression have already occurred in
34736-495: The state. We can only interfere with such legislation and judicial action of the states enforcing it if the fines imposed are so grossly excessive as to amount to a deprivation of property without due process of law. In essence, the government must not be able to confiscate such a large amount of property without following an established set of rules created by the legislature. In Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc. , 492 U.S. 257 (1989),
34944-477: The states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes,
35152-421: The subject will exclaim, 'it is immaterial to me whether I behave well or ill, for virtue itself is no security.' And if such a sentiment as this were to take hold in the mind of the subject that would be the end of all security whatsoever. Blackstone's Ratio is a maxim of English law , having been established as such within a few decades of Blackstone's work being published. It is also cited in courts and law in
35360-423: The time hindered his chances. In January 1770, however, Lord Grafton's government began to fall, with Camden resigning on 17 January and Solicitor-General John Dunning, following him. George III appointed Lord North as Prime Minister, and North picked Charles Yorke as Lord Chancellor. Yorke's death on 20 January, after holding the position for less than three days, left several important legal positions within
35568-653: The time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada . To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law . Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln
35776-519: The ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. (See, e.g. , Green v. Biddle , 21 U.S. 1, 1, 36 (1823). United States v. Wood , 39 U.S. 430, 438 (1840). Myers v. United States , 272 U.S. 52, 116 (1926). Nixon v. Administrator of General Services , 433 U.S. 425, 442 (1977). Bank Markazi v. Peterson , 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized
35984-471: The university, Blackstone announced on 3 July 1753 his intentions to "no longer attend the Courts at Westminster, but to pursue my Profession in a Way more agreeable to me in all respects, by residing at Oxford [and] to engraft upon this Resolution a Scheme which I am told may be beneficial to the University as well as myself", which was to give a set of lectures on the common law – the first lectures of that sort in
36192-408: The use of civil asset forfeiture to seize a $ 42,000 vehicle under state law in addition to the imposition of a $ 1,200 fine for drug trafficking charges, house arrest, and probation. The Constitution was amended to prohibit cruel and unusual punishments as part of the United States Bill of Rights as a result of objections raised by people such as Abraham Holmes and Patrick Henry . While Holmes feared
36400-614: The various religions in the world. It depicts a narrator's walking dream through the buildings of various religions, which are all (other than Christianity) depicted in a negative light. This followed his election as a Fellow of All Souls College, Oxford on 2 November 1743, and his call to the Bar by the Middle Temple on 28 November 1746. His call to the Bar saw Blackstone begin to alternate between Oxford and London, occupying chambers in Pump Court but living at All Souls College . As
36608-477: The works of Henry Finch , and related legal tracts. In addition to his formal studies, Blackstone published a collection of poetry which included the draft version of The Lawyer to his Muse , his most famous literary work. In 1743 he published Elements of Architecture and An Abridgement of Architecture , two treatises on the rules governing the art of construction. His next work (1747) was The Pantheon: A Vision , an anonymously published book of poetry covering
36816-447: The world of letters", and his legal practice grew as a result. Although not considered a great barrister of the period, he maintained a steady flow of cases, primarily in the King's Bench and Exchequer of Pleas . On the death of the third Earl of Abingdon , Blackstone was retained as counsel for the executors and trustees to oversee the family's attempts to pay off debts and meet other obligations. On 5 May 1761 he married Sarah Clitherow,
37024-424: The world. This was not entirely out of benevolence; according to Prest, Blackstone was likely aware that an Oxford alumnus, Charles Viner , was planning to endow a professorship of English law. The Regius Professorship of Civil Law had also become vacant in 1753; despite support from Lord Mansfield , Blackstone had been rejected in favour of Robert Jenner, widely considered Blackstone's lesser intellectually but
37232-473: The young nation's needs. Almost immediately, however, delegates began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia , called for a bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to the Virginia Plan , known as
37440-480: Was "heartburning" between the two; Bentham's account is considered dubious because historically, Mansfield and Blackstone had an excellent relationship, with the third volume of the Commentaries describing Mansfield as "a judge, whose masterly acquaintance with the law of nations was known and revered by every state in Europe". There is only one recorded King's Bench case, R v Proprietors of Birmingham Canal Navigation , in which Blackstone and Mansfield disagreed. In
37648-408: Was 'cruel and unusual' under the Eighth Amendment was to be determined without reference to the particular offense." Scalia wrote "If 'cruel and unusual punishments' included disproportionate punishments, the separate prohibition of disproportionate fines (which are certainly punishments) would have been entirely superfluous." Moreover, "There is little doubt that those who framed, proposed, and ratified
37856-575: Was able to remain at Charterhouse as a "poor scholar", having been named to that position in June 1735 after being nominated by Sir Robert Walpole . Blackstone revelled in Charterhouse's academic curriculum, particularly the Latin poetry of Ovid and Virgil. He began to attract note as a poet at school, writing a 30-line set of rhyming couplets to celebrate the wedding of James Hotchkis , the headmaster. He also won
38064-477: Was an English jurist , justice and Tory politician most noted for his Commentaries on the Laws of England , which became the best-known description of the doctrines of the English common law . Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford , in 1738. After switching to and completing a Bachelor of Civil Law degree, he
38272-502: Was an infrequent and "indifferent" speaker during his first session of Parliament, speaking only 14 times in seven years. His chosen career did lend him to politics, in that the lawyers in the House of Commons were often added to select committees to provide them with technical expertise in drafting legislation. He again applied for a judicial post in December 1762, after an opening in the Exchequer of Pleas came up, but lost to George Perrott,
38480-567: Was approved by Parliament in February 1689, and was read to King William III and his wife Queen Mary II as the Declaration of Right on the following day. Members of Parliament then explained in August 1689 that "the Commons had a particular regard ... when that Declaration was first made" to punishments like the one that had been inflicted by the King's Bench against Titus Oates. Parliament then enacted
38688-420: Was born on 10 July 1723, five months after Charles' death in February. Although Charles and Mary Blackstone were members of the middle class rather than landed gentry, they were particularly prosperous. Tax records show Charles Blackstone to have been the second most prosperous man in the parish in 1722, and death registers show that the family had several servants. This, along with Thomas Bigg's assistance to
38896-418: Was buried in the family vault under St Peter's Church, Wallingford . As his estate at his death was worth less than £15,000, William Eden secured a £400 annual royal pension for Sarah Blackstone. The initial reaction to Blackstone's death was subdued, but in December 1780 the Fellows of All Souls College agreed that "a Statue be erected to the memory of Sr W Blackstone deceased". Constructed by John Bacon ,
39104-425: Was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Delegates to the convention were chosen by the state legislatures of 12 of the 13 original states ; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting
39312-450: Was confirmed as the first Vinerian Professor of English Law , immediately embarking on another series of lectures and publishing a similarly successful second treatise, titled A Discourse on the Study of the Law . With his growing fame, he successfully returned to the bar and maintained a good practice, also securing election as Tory Member of Parliament for the rotten borough of Hindon on 30 March 1761. In November 1765 he published
39520-467: Was drunk in public , not merely for being addicted to alcohol. Traditionally, the length of a prison sentence was not subject to scrutiny under the Eighth Amendment, regardless of the crime for which the sentence was imposed. It was not until the case of Solem v. Helm , 463 U.S. 277 (1983), that the Supreme Court held that incarceration, standing alone, could constitute cruel and unusual punishment if it were "disproportionate" in duration to
39728-425: Was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23; and New Jersey third, also recording a unanimous vote. As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights. Fearing
39936-476: Was instead due to political and judicial disagreement, with Yates unwilling to stomach the changes which Mansfield made to English law. Blackstone sat regularly as a judge, despite bouts of ill health, and also served on various circuit courts. Prest describes him as an "exceptionally careful, conscientious and well-respected judge ... his judgments ranging between narrowly framed technicalities [and] broad statements of public commentary". He was, however, considered
40144-417: Was largely inspired by the case in England of Titus Oates who, after the accession of King James II in 1685, was tried for multiple acts of perjury that had led to executions of many people Oates had wrongly accused. Oates was sentenced to imprisonment, including an annual ordeal of being taken out for two days' pillory plus one day of whipping while tied to a moving cart. The Oates case eventually became
40352-459: Was later repeated by Lord Denning in Falmouth Boat Construction Co v Howell in 1950. Blackstone had long suffered from gout , and by November 1779 also had a nervous disorder which caused dizziness , high blood pressure, and possibly diabetes . By 3 February 1780 he was too weak to write, and after "some Days almost totally insensible", he died on 14 February at age 56. After a service conducted by Bishop Barrington on 22 February, Blackstone
40560-458: Was made a fellow of All Souls College, Oxford , on 2 November 1743, admitted to Middle Temple , and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying
40768-508: Was not more effective than a less severe penalty." The plurality of the Supreme Court in Furman v. Georgia stated that the Eighth Amendment is not static, but that its meaning is interpreted in a flexible and dynamic manner to accord with, in the words of Trop v. Dulles , 356 U.S. 86 (1958), at page 101, "the evolving standards of decency that mark the progress of a maturing society." Punishments including capital punishment must therefore not be "excessive". The "excessiveness" of
40976-401: Was obliged to raise funds from Boston merchants to pay for a volunteer army. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. The Congress of
41184-430: Was paid £200 by the Prince, who became an "appreciative, loyal, and soon to be incomparably influential patron". This patronage, and Blackstone's purchase of a set of chambers in the Inner Temple , also transferring to that Inn, were significant steps in his departure from Oxford. In 1759 Blackstone published another two works, The Great Charter and the Charter of the Forest, with other authentic Instruments , described as
41392-427: Was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke . The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at
41600-546: Was probably still followed in 1738, so Blackstone would have studied Greek , science, logic, rhetoric, philosophy, mathematics, geography and poetry. Blackstone was particularly good at Greek, mathematics and poetry, with his notes on William Shakespeare being included in George Steevens ' 1781 edition of Shakespeare's plays. Many of Blackstone's undergraduate texts survive, and they include few legal texts, instead being wide-ranging; politics, current affairs, poetry, geometry and controversial theological texts. The last element
41808-417: Was protected further by allowing states to count three-fifths of their slaves as part of their populations, for the purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished. Finally, the delegates adopted the Connecticut Compromise , which proposed a Congress with proportional representation in
42016-402: Was published in November 1765, bringing the author £1,600 – the full work would eventually bring in over £14,000. Owen Ruffhead described Volume I as "masterly", noting that "Mr Blackstone is perhaps the first who has treated the body of the law in a liberal, elegant and constitutional manner. A vein of good sense and moderation runs through every page". Every copy was sold within six months, and
42224-455: Was reprinted until after the Second World War . The first American edition was produced in 1772; prior to this, over 1,000 copies had already been sold in the Thirteen Colonies. Even after the publication of the Commentaries , Blackstone's chances of judicial appointment remained slim. While he was old enough, experienced enough and widely respected, the presence of Lord Camden as Lord Chancellor and Blackstone's lack of aristocratic patrons at
42432-467: Was seven years long, the first two "supposedly devoted to a broad course of reading in humane studies", which allowed him to study his own interests. On 20 November 1741 he was admitted to the Middle Temple , the first step on the road to becoming a barrister , but this imposed no obligations and simply allowed a legal career to be an option. At the time there was no proper legal education system, and Blackstone read (in his own time) Coke on Littleton ,
42640-446: Was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation was of similar concern to less populous states, which under the Articles had the same power as larger states. To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years. Slavery
42848-531: Was the first constitution of the United States. The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to
43056-608: Was the fourth and posthumous son of Charles Blackstone, a silk mercer from Cheapside , the son of a wealthy apothecary . He became firm friends with Thomas Bigg, a surgeon and the son of Lovelace Bigg, a gentleman from Wiltshire . After Bigg's sister Mary came to London, Charles eventually persuaded her to marry him in 1718. This was not seen as a good match for her, but the couple lived happily and had four sons, three of whom lived into adulthood. Charles (born August 1719) and Henry (May 1722), both became fellows of New College, Oxford , and took holy orders . Their last son, William,
43264-409: Was unconstitutional to confiscate $ 357,144 from Hosep Bajakajian, who had failed to report possession of over $ 10,000 while leaving the United States. In what was the first case in which the Supreme Court ruled that a fine violated the Excessive Fines Clause, the Court held that it was "grossly disproportional" to take all the money Bajakajian had attempted to take out of the United States in violation of
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