Exploring amendments 8 and 10
Amendments 8 and 10
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
Since then, the 10th Amendment has had a rather checkered history: Sometimes, it has worked as a strong curb on federal authority, other times much less so. But whenever it has had a genuine revival, that has usually come from the U.S. Supreme Court.
Right now, it is having another such revival at the hands of the court, and that–more than anything else–explains why the Supreme Court has agreed to decide the constitutionality of the most important provision of the 1965 law that has been the nation’s most successful civil rights law.