Note 969 — AMENDMENT 14 (continued 4)

McKane v. Durston, 153 U.S. 684 (1894).—The prohibition of the requirement of excessive bail, expressed in the Eighth Amendment as a restraint against the Federal Government, has never been deemed to be applicable to the States by virtue of the due process clause of the Fourteenth Amendment. However, in a recent civil suit, a United States District Court judge asserted his belief, by way of dictum, that protection against "unreasonable searches and seizures, invasion of freedom of speech and press, unlawful and unwarranted incarcerations, arrests, and failure to allow reasonable bail would all be fundamental rights protected by [the Fourteenth] Amendment from State invasion."—International Union, Etc. v. Tennessee Copper Co., 31 F. Supp. 1015 (1940).