Prohibitions on excessive fines date back at least as far as Magna Carta in 1215, and the U.S. Constitution has barred excessive fines since 1791. But the Supreme Court has only recently begun to interpret what the Excessive Fines Clause means, and it wasn’t until 2019 that the Court said the Clause applies to the states.
On this episode: the story of how the Supreme Court finally began to incorporate the Bill of Rights rights against the states and the history of excessive fines.
Recent Episodes
Short Circuit 432 | Moth-Eaten Precedent
A wild, and tragic, story from the Fifth Circuit with a bit of good (yet confusing) news at the end. IJ’s Diana Simpson tells us […]
Listen NowShort Circuit 431 | Hard but not Impossible
We welcome back a treasured many-times guest, the first time since he’s left IJ. Brian Morris served in our merry band of libertarian litigators for […]
Listen NowShort Circuit 430 | Stateless in Seattle
In the wild days of June 2020 you may remember how a group of protestors took over a few city blocks in Seattle, and how […]
Listen NowShort Circuit 429 | A Fifth of Circuit
In our #12Months12Circuits series it’s time to drink an entire Fifth. Now, regular listeners will be very familiar with the Fifth Circuit’s waters and may […]
Listen Now