November 23, 2019

Our Civic Religion

In this historic menstruum of polarization (exemplified past times Judge Kavanaugh's confirmation hearings) is at that topographic point whatsoever constitutional effect that could unite the NAACP Legal Defense Fund, the ACLU, the Chamber of Commerce, the Pacific Legal Foundation, Judicial Watch, the Brennan Center, as well as the Constitutional Accountability Center (among others)?

The respond is yes. These groups accept all filed amicus briefs quest the Supreme Court to contain the Excessive Fines Clause of the Eighth Amendment. Timbs v. Indiana presents that effect inward the adjacent Term inward the context of aggressive solid put down as well as local civil forfeitures of belongings involved inward crimes. This forfeiture mightiness is dependent area to (and regularly produces) rampant abuse only is largely insulated from the scrutiny of the federal courts. I sure recollect that the Excessive Fines Clause should last incorporated as well as I recollect at that topographic point is a proficient adventure that a broad coalition on the Court volition agree.

There is or as well as therefore other signal lurking beingness the widespread back upwardly for incorporation inward Timbs. The Bill of Rights remains a powerful unifying forcefulness inward America. Despite our disagreements almost what those provisions mean, almost everyone attempts to Earth their constitutional arguments inward what the Bill of Rights contains or omits.

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