This is the third in our four part discussion of the Supreme Court's October 2018 term, recently concluded. It has been a big year for the constitutional treatment of the criminal justice system, and we'll deal with four cases in that line here. We will ignore others that might have fit this theme, among them Gundy v. US (where the Court passed over an attempt to reinvigorate the nondelegation doctrine in this area) and Mitchell v. Wisconsin (involving a blood alcohol test on an unconscious man). As always, my decisions on exclusion and inclusion in this review are final and unappealable. Excessive Fines The Bill of Rights did not originally limit the actions of state governments, only those of the federal government. That, at least, has been the reigning wisdom at least since Barron v. Baltimore (1833). As it happens, I now and then feel compelled to question the rightness of Barron , but I'll leave that aside. The various provisions of the Bill have, noneth...
