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In Stack v. Boyle, 342 U.S. 1 (1951), the Supreme Court declared that a bail amount is excessive under the Eighth Amendment if it were a figure higher than is reasonably calculated to ensure the defendant's appearance at trial.
Justice Black in dissent accused the Court of reducing the provision ''below the level of a pious admonition'' by saying in effect that ''the Amendment does no more than protect a right to bail which Congress can grant and which Congress can take away.'' Id. at 556.