“How glorious to be an American citizen,” wrote U.S. District Judge Jed S. Rakoff in his Feb. 5, 2009 Order granting bail to prominent New York attorney turned Ponzi-scheme defendant Marc Dreier. “In so many countries, the rights of citizens are not worth the paper they are printed on. But here, any citizen—good, bad, indifferent, famous, infamous, or obscure—may call upon the courts to vindicate his constitutional rights and expect that call to be honored.” United States v. Dreier, 596 F. Supp. 2d 831 (S.D.N.Y. 2009).
The constitutional right to which Judge Rakoff referred was the Eighth Amendment’s mandate that “Excessive bail shall not be required.”
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