Constitution Daily Blog

Eighth Amendment

Ramos v. Louisiana: Does the 14th Amendment Require Unanimous Jury Verdicts?

by Robert Black

When we think about trial by jury in criminal cases, we all probably envision a 12-member jury that must reach a unanimous verdict…

Ramos v. Louisiana: Does the 14th Amendment Require Unanimous Jury Verdicts?
Kahler v. Kansas: Can States Abolish the Insanity Defense?

by Robert Black

On Monday, the first day of the new Supreme Court term, the Court heard argument in Kahler v. Kansas, a case that could generate…

Kahler v. Kansas: Can States Abolish the Insanity Defense?
The changing narrative on the death penalty

by Lyle Denniston

Contributor Lyle Denniston looks at how the core meaning of the Eighth Amendment’s ban on “cruel and unusual punishment”…

The changing narrative on the death penalty
Supreme Court confirms Excessive Fines Clause applies to states

by Scott Bomboy

In a unanimous ruling on Tuesday, the Supreme Court overturned an Indiana Supreme Court decision that said that part of federal…

Supreme Court confirms Excessive Fines Clause applies to states
On this day, the English Bill of Rights makes a powerful statement

by NCC Staff

On February 13, 1689, Parliament in London allowed two new monarchs to take the throne if they honor the rights of English…

On this day, the English Bill of Rights makes a powerful statement
Should the Excessive Fines Clause apply against the states?

by Lana Ulrich

Is there a situation where some rights guaranteed in the Bill of Rights don’t apply at a state level? A new case at the Supreme…

Should the Excessive Fines Clause apply against the states?
Supreme Court redefines intellectual disability

by Lyle Denniston

While still insisting that state governments do not have to follow exactly all of the medical community's standards for defining…

Supreme Court redefines intellectual disability
The Supreme Court makes progress on a death penalty project

by Lyle Denniston

Constitution Daily Supreme Court correspondent Lyle Denniston reports on Tuesday's arguments about a death penalty case involving…

The Supreme Court sends mixed signal on Hurst ruling’s meaning

by Lyle Denniston

On Monday, the Supreme Court turned aside a plea to require jurors to satisfy the toughest legal test before they may vote to…

Can only a jury impose the death penalty?

by Lyle Denniston

Reading a Supreme Court ruling of last January in a widely expansive way, a divided Delaware Supreme Court on Tuesday struck down…