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To: Poohbah
Didn't you ever wonder why the majority didn't cite the 8th Amendment in its decision? Why it wasn't even argued?

It's not relevant. The 8th Amendment is a prohibition on government action, as in criminal cases. Like being convicted of shoplifting and getting a million dollar fine.
A civil case, however, we don't have government action. The case is wholly outside the scope of the government, since the judiciary, in theory, is only a neutral arbitrator. The jury imposes the fine, and the jury is not an agent of the government.
31 posted on 04/07/2003 11:30:12 AM PDT by Viva Le Dissention
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To: Viva Le Dissention
A civil case, however, we don't have government action. The case is wholly outside the scope of the government, since the judiciary, in theory, is only a neutral arbitrator. The jury imposes the fine, and the jury is not an agent of the government.

Wrong. The jury IS an agent of the government; they are paid by the government, and their decision is backed up by the force of the government.

38 posted on 04/07/2003 11:48:29 AM PDT by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women!)
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