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The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights (ratified December 15, 1791) prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments, including torture.
2) The statutory right of bail in enumerated cases laid out in the thorough treatment of the history of bail that the authors have found is Professor Caleb Foote's pointed account, given to support his (now outdated) argument that the Eighth Amendment's Excessive Bail Clause incorporates a constitutional right to bail.