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Is Trump’s Mega-Fine Unconstitutional?

Arthur Engoron, the New York Supreme Court judge in the real estate case brought against Donald Trump by the state attorney general, has fined Trump and members of his family $464 million. This raises the question of whether the fine – which does not reflect damages actually done – is “excessive” under the Eighth Amendment of the US Constitution, which reads as follows: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

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