Nielsen v. Preap
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Nielsen v. Preap and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Nielsen v. Preap.
The Supreme Court addressed whether the Eighth Amendment's Excessive Fines Clause is applicable to the states through the Fourteenth Amendment's Due Process Clause. The Court found that the protection against excessive fines is a fundamental right deeply rooted in history and tradition. As a result, the Excessive Fines Clause is incorporated against the states.
Holding
The single most important “bottom line” of what the Court decided in Nielsen v. Preap.
The Court held that the Eighth Amendment's Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment's Due Process Clause.
Constitutional Concepts
These are the Constitution-related themes that appear in Nielsen v. Preap. Click a concept to see other cases that involve the same idea.
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Why Excessive Fines is relevant to Nielsen v. Preap
The case directly addresses whether the Excessive Fines Clause is incorporated against the states through the Fourteenth Amendment.
Syllabus excerpt (verbatim)Held: The Eighth Amendment's Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment's Due Process Clause.
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Why Substantive Due Process is relevant to Nielsen v. Preap
The incorporation of the Excessive Fines Clause is analyzed under the Fourteenth Amendment's Due Process Clause, which involves substantive due process considerations.
Syllabus excerpt (verbatim)The Fourteenth Amendment's Due Process Clause incorporates and renders applicable to the States Bill of Rights protections 'fundamental to our scheme of ordered liberty,' or 'deeply rooted in this Nation's history and tradition.'
Key Quotes
Short excerpts from the syllabus in Nielsen v. Preap that support the summary and concepts above.
The Eighth Amendment's Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment's Due Process Clause.
Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason.
The historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is indeed overwhelming.
