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In Stack v. Boyle, 342 U.S. 1 (1951), the Supreme Court declared that a bail amount is excessive under the Eighth Amendment if it were a figure higher than is reasonably calculated to ensure the defendant's appearance at trial.
19 Nevertheless, also before the first Congress in the spring and summer of 1789 was Section 33 of the Judiciary Act, which granted an absolute right to bail in non-capital federal criminal cases. 20 To Foote, 16 Id. at 531-32 (footnotes omitted). 17 Id.