However, in Harmelin v. Michigan,, a fractured Court retreated from the Solem test and held that for non-capital sentences, the Eighth Amendment only constrains the length of prison terms by a " gross disproportionality principle.

However the neighborhood often is considered to extend to 59th Street ( the southern edge of Central Park starting at Eighth Avenue ) where the avenue names change.

However, the Second Hungarian Army was present in the region, and together with the Eighth German Army engaged the Allied forces on 5 September in what was to become the Battle of Turda, which lasted until 8 October and resulted in heavy casualties for both sides.

However, Hermann von François, the commander of the First Corps of the German Eighth Army, was convinced his better-trained and equipped forces could halt, and perhaps defeat, Rennenkampf's Russian forces.

However, according to the version presented in Ellis Peters ' A Morbid Taste for Bones, first book in the successful " Brother Cadfael " series, the Saint's bones were in fact secretly reinterred at her original resting place, and the bones taken to England and venerated there until the time of Henry the Eighth were of an entirely different ( and far from saintly ) person.

However, on appeal the entire case was dismissed by the United States Court of Appeals for the Eighth Circuit without any discussion by the court of the issue of legal succession.

However, skilful delaying tactics allowed the Axis forces to withdraw in good order and when leading elements of Eighth Army entered Tunis in the early morning of 23 January its defenders had left.

However, instead of invading Japan, Eighth Army found itself in charge of occupying it peacefully.

However, the stage was eventually reached as enough units of Eighth Army arrived in Korea to make a firm front.

However, in 2003, plans were announced to move almost all of the 2nd Infantry Division ( Eighth Army ) southwards, away from the border.

However, after it entered the main line, conventional military doctrine indicated that it should have been placed immediately under the command of Eighth Army.

However, this was not to be ; although, for a while, the Eighth Army was able to make relatively easy progress up the eastern coast, capturing the port of Bari and the important airfields around Foggia.

However, with the US Eighth Army not strong enough to prevent large penetrations along its line, masses of Chinese infantry soon swept around its flanks, surrounding entire formations in an attempt to cut off their withdrawal.

However, the Eighth Army had regrouped sufficiently to repel the Axis forces and launch counterattacks.

However, the base is home to the Eighth Air Force Museum, which hosts static displays of numerous aircraft including a Royal Air Force Avro Vulcan bomber, B-24, B-17, P-51, SR-71, F-111, and multiple versions of the B-52.

However, the atomic bombings of Japan led to the Japanese surrender before Eighth Air Force saw action in the Pacific theater.

However, as of this year 2011, the current Year 9 ( Eighth grade ) and below, have to stay in education until they are 17, by doing at least one year of 6th form.

However, he mistook the actor Tom Baker for his hated nemesis and, while distracted, was defeated by the Eighth Doctor, his companion Izzy and various other television personalities.

However, " denationalization as a punishment is barred by the Eighth Amendment ," as this is " the total destruction of the individual's status in organized society.

However, the First and Second Armies were stopped by the German Eighth Army, led by Field Marshal Paul von Hindenburg and his Chief of Staff, General Erich Ludendorff.

However, in light of a 2002 U. S. Supreme Court ruling, in Atkins v. Virginia, 536 U. S. 304 ( 2002 ), that overturned the death penalty for the mentally retarded, Simmons filed a new petition for state post conviction relief, and the Supreme Court of Missouri concluded that " a national consensus has developed against the execution of the mentally retarded " and held that such punishment now violates the Eighth Amendment's prohibition of cruel and unusual punishment.

However, despite much evidence of work on an Eighth symphony, it is believed that Sibelius burned whatever he had written.

However, while the US Eighth Army had occupied their principal geographic objectives, the goal of destroying Chinese forces and equipment had again proved elusive.

However, in December he took over command of X Corps, the lead corps in the advance of the Eighth Army, after Lumsden's dismissal for poor performance during the pursuit.

However, since the contras failed to win widespread popular support or military victories within Nicaragua, since opinion polls indicated that a majority of the U. S. public was not supportive of the contras, since the Reagan administration lost much of its support regarding its contra policy within Congress after disclosure of CIA mining of Nicaraguan ports, and since a report of the Bureau of Intelligence and Research commissioned by the State Department found Reagan's allegations about Soviet influence in Nicaragua " exaggerated ", Congress cut off all funds for the contras in 1985 by the third Boland Amendment.

However, there is a body of case law governing the civil commitment of individuals under the Fourteenth Amendment through U. S. Supreme Court rulings beginning with Addington v. Texas in 1979 which set the bar for involuntary commitment for treatment by raising the burden of proof required to commit persons from the usual civil burden of proof of " preponderance of the evidence " to the higher standard of " clear and convincing " evidence.

However, the 1863 Emancipation Proclamation and the 1865 Thirteenth Amendment to the United States Constitution freed all remaining slaves in rebel states long before the death of his wife in 1891.

However, groups supporting the civil liberties protected by the Second Amendment lauded Ashcroft's Justice Department support for the Second Amendment.

However, neither the Fifth Amendment nor Miranda extend to prearrest silence, so if a defendant takes the stand at trial ( thereby waiving his Fifth Amendment rights ), the prosecutor can attack his credibility with his prearrest silence ( where he failed to turn himself in and confess immediately ).

However, the Fifth Amendment exclusionary rule applies only to criminal proceedings.

However, because a salute is a form of communication protected by the Free Speech clause of the First Amendment, legislative authorization is not required for any civilian — veteran or non-veteran — to salute the American flag.

However, starting with Gitlow v. New York, the Supreme Court has applied the First Amendment to each state.

However, the Supreme Court has ruled that the problem of scarcity does not allow the raising of a First Amendment issue.

However, in Mapp v. Ohio,, the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.

However, that rule was modified by Brendlin v. California,, in which the Court ruled that all occupants of a car are " seized " for purposes of the Fourth Amendment during a traffic stop, not just the driver.

However, in Safford Unified School District v. Redding, 557 U. S. __ ( 2009 ), the Court ruled that school officials violated the Fourth Amendment when they strip searched a 13 year old girl based only on a student claiming to have received drugs from that student.

However, the court found that the employer could consent to a government search of the computer without infringing on the Ziegler's Fourth Amendment rights.

However, in Betts v. Brady,, the Court declined to extend this requirement to the state courts under the Fourteenth Amendment unless the defendant demonstrated " special circumstances " requiring the assistance of counsel.

" However, Justice William O. Douglas rejected that view ; Douglas wrote that, " The Ninth Amendment obviously does not create federally enforceable rights.

However, the word " expressly " ultimately did not appear in the Tenth Amendment as ratified, and therefore the Tenth Amendment did not reject the powers implied by the Necessary and Proper Clause.

However, in United States v. Kozminski,, the Supreme Court ruled that the Thirteenth Amendment did not prohibit compulsion of servitude through psychological coercion.

However, concerning children born in the United States to parents who are not U. S. citizens ( and not foreign diplomats ), three Senators, including Senate Judiciary Committee Chairman Lyman Trumbull, the author of the Civil Rights Act, as well as President Andrew Johnson, asserted that both the Civil Rights Act and the Fourteenth Amendment would confer citizenship on them at birth, and no Senator offered a contrary opinion.

However, the Supreme Court repudiated this concept in Afroyim v. Rusk,, as well as Vance v. Terrazas,, holding that the Citizenship Clause of the Fourteenth Amendment barred the Congress from revoking citizenship.

However, it was mainly Harding's support in the Senate for women's suffrage legislation that made him more popular with that demographic: the ratification of the 19th Amendment in August 1920 brought huge crowds of women to Marion, Ohio, to hear Harding.