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The Eighth Amendment to the Constitution prohibits excessive bail, excessive fines and cruel and unusual punishments.

1791

The year this amendment was ratified in.

What is a constitutional amendment?

A constitutional amendment alters the Constitution of the United States by striking or inserting new language. The Constitution establishes the structure, powers, and responsibilities of the federal government. It has been formally amended 27 times.

The constitutional amendment process is as follows:

Step 1

Two-thirds vote

An amendment may be proposed by a two-thirds vote in both the House of Representatives and the Senate or by a constitutional convention called by two-thirds of state legislatures.

Step 2

Three-fourths ratification

Once proposed, the archivist of the United States submits the amendment to the states for consideration. It becomes part of the Constitution once it is ratified by three-fourths of the states.

Full text of the Eighth Amendment

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

When did the states ratify the Eighth Amendment?

Congress proposed this amendment on September 25, 1789. Ratification was completed on December 15, 1791, when the 11th state, Virginia, approved the amendment, with 14 states in the Union at the time. New Jersey was the first state to approve, 56 days after the amendment was proposed. Connecticut was the last state to approve, 54,600 days after the amendment was proposed.

Virginia completed ratification of the Eighth Amendment.

Date of ratification by state, Eighth Amendment

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How has the Eighth Amendment shaped Supreme Court rulings?

The Supreme Court has the power of judicial review, which is the authority to declare that federal or state government actions violate the Constitution. This power shows how individual amendments can have a lasting impact on how laws are interpreted and applied.

Under judicial review, there have been 18 cases where the Court struck down laws as unconstitutional using the Eighth Amendment.

Supreme Court cases invoking this amendment

Cases, 1798–2021

Supreme Court cases invoking this amendment
CaseYear

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Methodology

USAFacts standardizes data, in areas such as time and demographics, to make it easier to understand and compare.

Page sources

USAFacts endeavors to share the most up-to-date information available. We sourced the data on this page directly from government agencies; however, the intervals at which agencies publish updated data vary.