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re: How does Trump’s half billon dollar bond in NY not violate the 8th amendment?

Posted on 3/20/24 at 10:39 am to
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27968 posts
Posted on 3/20/24 at 10:39 am to
quote:

Posting security if you request the suspension of a judgment pending appeal.

And if you cant post the bond, isnt that the very definition of 'excessive fine'? Its not like the founding fathers were idiots. They know govts would begin using this as a tactic at some point

Youll get there eventually
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
423384 posts
Posted on 3/20/24 at 11:45 am to
quote:

And if you cant post the bond, isnt that the very definition of 'excessive fine'?

That is the judgment itself, and that's what's being appealed.

quote:

Its not like the founding fathers were idiots. They know govts would begin using this as a tactic at some point

The founders would not have had a problem with this. Their interpretation of the 8th Amendment was that it only applied to the federal government and did not apply to state action.

I think the excessive fines portion of the 8A may not have been incorporated to the states until 2019.

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