context: The bland "excessive bail" limitation historically defined as "no more than is necessary," is to be contrasted with the strong adjectives attached to "punishments" in the Eighth Amendment, viz. "cruel and unusual." See also, e.g., Anthony F. Granucci, "Nor Cruel and Unusual Punishments Inflicted:" The Original Meaning, 57 Cal. L.Rev. 839, 839-42 (1969) (noting that American framers understood "cruel and unusual" to mean "barbarous," as opposed to "merely excessive."); id. at 843-44 (arguing that, contrary to the interpretation of American framers, before the English Bill of Rights was adopted in 1689, Great Britain had "a general policy against excessive[ ] ... [but] not ... 'barbarous' punishments") (quotation marks omitted).
citation_a.signal: but cf.
citation_a.identifier: 524 U.S. 321, 321-27
citation_a.parenthetical: applying "cruel and unusual" precedents in determining whether a fine is unconstitutionally "excessive," in recognition of the fact that fines are necessarily punitive
citation_a.sentence: But cf. United States v. Bajakajian, 524 U.S. 321, 321-27, 118 S.Ct. 2028, 141 L.Ed.2d 314 (1998) (applying “cruel and unusual” precedents in determining whether a fine is unconstitutionally “excessive,” in recognition of the fact that fines are necessarily punitive).
citation_b.signal: cf.
citation_b.identifier: 128 S.Ct. 2641, 2649
citation_b.parenthetical: "The [Eighth] Amendment proscribes ... cruel and unusual punishments that may or may not be excessive."
citation_b.sentence: Cf. Kennedy v. Louisiana, — U.S. —, 128 S.Ct. 2641, 2649, 171 L.Ed.2d 525 (2008) (“The [Eighth] Amendment proscribes ... cruel and unusual punishments that may or may not be excessive.”) (emphasis added; quotation marks omitted).