Posted on Mar 13, 2019
The Supreme Court Resuscitates the Eighth Amendment
658
14
8
3
3
0
This should have an impact across the states. It was my understanding that the US Constitution and Bill of Rights trumped state laws. How we got to the point where states would make laws that trump the federal level beats me. I always thought the Rule of Law meant:
US Constitution/Bill of Rights ==> Federal Law ==> State Law ==> County/City/Local Law.
But then I read this: "The court claimed that the U.S. Supreme Court had not specifically “incorporated” the excessive-fines clause to Indiana, so it was not “enforceable against the states.”"
Huh?!
Is this a way that States bypass those parts of law that they don't like? Like the whole "...shall not be infringed..." part of the 2nd Amendment? How is a layman supposed to understand all of this when lawyers put it under so many layers of "settled" law, extremely obfuscated language and a whole dance of double speak?
US Constitution/Bill of Rights ==> Federal Law ==> State Law ==> County/City/Local Law.
But then I read this: "The court claimed that the U.S. Supreme Court had not specifically “incorporated” the excessive-fines clause to Indiana, so it was not “enforceable against the states.”"
Huh?!
Is this a way that States bypass those parts of law that they don't like? Like the whole "...shall not be infringed..." part of the 2nd Amendment? How is a layman supposed to understand all of this when lawyers put it under so many layers of "settled" law, extremely obfuscated language and a whole dance of double speak?
The Supreme Court Resuscitates the Eighth Amendment
Posted from theatlantic.comPosted in these groups: 
Supreme Court
Constitution
Supreme Court Constitution
Posted 5 y ago
Responses: 3
3
3
0
If you have a question as to the law in Texas, I'll be happy to answer them for you. I charge $250 per hour.
As a quick primer, the Bill of Rights originally only applied to the Federal government, not to the States. It wasn't until the Fourteenth Amendment with it's due process clause that the Bill of Rights were incorporated to apply against the States, either fully, partially, or not at all. The chart shows the incorporation (but note that the Eighth Amendment, with the latest decision by SCOTUS, appears to now be fully incorporated).
As a quick primer, the Bill of Rights originally only applied to the Federal government, not to the States. It wasn't until the Fourteenth Amendment with it's due process clause that the Bill of Rights were incorporated to apply against the States, either fully, partially, or not at all. The chart shows the incorporation (but note that the Eighth Amendment, with the latest decision by SCOTUS, appears to now be fully incorporated).
(3)
(0)
SSgt (Join to see)
Not a rant: At $250/hr I won't be able to learn *why* laws that make no sense are laws.
And your rates are in line with other lawyers I know. :)
What good is a Bill of Rights if all the states decide to ignore it (except 1st 2nd and 4th which are incorporated)? For example, the 3rd Amendment states "No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law." A state could completely ignore this right of a US citizen, correct? Florida could make a law that states all soldiers/airmen/seamen need to be quartered in civilian housing, at civilian expense so the state can save money. Am I missing something?
And your rates are in line with other lawyers I know. :)
What good is a Bill of Rights if all the states decide to ignore it (except 1st 2nd and 4th which are incorporated)? For example, the 3rd Amendment states "No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law." A state could completely ignore this right of a US citizen, correct? Florida could make a law that states all soldiers/airmen/seamen need to be quartered in civilian housing, at civilian expense so the state can save money. Am I missing something?
(0)
(0)
Capt Gregory Prickett
SSgt (Join to see) - laws don't have to make sense, and have never had to make sense.
Second, the states don't ignore the Bill of Rights, but until SCOTUS rules on an issue, there is room for disagreement. For example, most states believed that the Eighth Amendment's excessive fine clause applied to the States. Indiana and a few other States did not, so when a case went to SCOTUS, they cleared it up.
As to the Third Amendment, the States don't have standing armies, and the States are not responsible for housing costs.
Second, the states don't ignore the Bill of Rights, but until SCOTUS rules on an issue, there is room for disagreement. For example, most states believed that the Eighth Amendment's excessive fine clause applied to the States. Indiana and a few other States did not, so when a case went to SCOTUS, they cleared it up.
As to the Third Amendment, the States don't have standing armies, and the States are not responsible for housing costs.
(0)
(0)
SSgt (Join to see)
OK. Making some sense. The laws not making sense has been experienced by me as well. Family courts are a wild west when you are a dad. :)
I thought that Army National Guard was considered a state level organization. The state Governor can certainly call on them when needed. As well, the states have to agree to having a military base in their territory. Or at least that was what I've been told. (Another reason law is so misunderstood, I know. Barracks lawyers or office lawyers or pinochle lawyers...)
I thought that Army National Guard was considered a state level organization. The state Governor can certainly call on them when needed. As well, the states have to agree to having a military base in their territory. Or at least that was what I've been told. (Another reason law is so misunderstood, I know. Barracks lawyers or office lawyers or pinochle lawyers...)
(1)
(0)
SGT (Join to see)
Capt Gregory Prickett - where is the ‘the Constitution/bill of rights are plainly written, to be interpreted plainly” crowd?
It’s actually the most fascinating straight forward/ambiguous 25-30 minutes of reading just about ever.
It’s actually the most fascinating straight forward/ambiguous 25-30 minutes of reading just about ever.
(0)
(0)
1
1
0
1
1
0
Read This Next
Continue with Facebook 
Continue with Google