In Louisiana ex rel. Francis v. Resweber, , the Supreme Court assumed arguendo that the Cruel and Unusual Punishments Clause applied to the states through the Due Process Clause of the Fourteenth Amendment. In Robinson v. California, , the Court ruled that it did apply to the states through the Fourteenth Amendment. Robinson was the first case in which the Supreme Court applied the Eighth Amendment against the state governments through the Fourteenth Amendment. Before Robinson, the Eighth Amendment had been applied previously only in cases against the federal government.Federman, Cary. The Body and the State: Habeas Corpus and American Jurisprudence, page 99 (SUNY Press 2006).
In Louisiana ex rel. Francis v. Resweber, , the Supreme Court assumed arguendo that the Cruel and Unusual Punishments Clause applied to the states through the Due Process Clause of the Fourteenth Amendment. In Robinson v. California,  the Court ruled that it did apply to the states through the Fourteenth Amendment. Robinson was the first case in which the Supreme Court applied the Eighth Amendment against the state governments through the Fourteenth Amendment. Before Robinson, the Eighth Amendment had been applied previously only in cases against the federal governmentFederma,n, Cary. The. Body and the State: Habeas Corpus and American Jurisprudence, page 99 (SUNY Press 2006).