Constitution Daily Blog
Eighth Amendment
Ramos v. Louisiana: Does the 14th Amendment Require Unanimous Jury Verdicts?
When we think about trial by jury in criminal cases, we all probably envision a 12-member jury that must reach a unanimous verdict…
Kahler v. Kansas: Can States Abolish the Insanity Defense?
On Monday, the first day of the new Supreme Court term, the Court heard argument in Kahler v. Kansas, a case that could generate…
The changing narrative on the death penalty
Contributor Lyle Denniston looks at how the core meaning of the Eighth Amendment’s ban on “cruel and unusual punishment”…
Supreme Court confirms Excessive Fines Clause applies to states
In a unanimous ruling on Tuesday, the Supreme Court overturned an Indiana Supreme Court decision that said that part of federal…
On this day, the English Bill of Rights makes a powerful statement
On February 13, 1689, Parliament in London allowed two new monarchs to take the throne if they honor the rights of English…
Should the Excessive Fines Clause apply against the states?
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…
Supreme Court redefines intellectual disability
While still insisting that state governments do not have to follow exactly all of the medical community's standards for defining…
The Supreme Court makes progress on a death penalty project
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
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?
Reading a Supreme Court ruling of last January in a widely expansive way, a divided Delaware Supreme Court on Tuesday struck down…