Bail remains on as firm a constitutional footing today as when the bail clause was written into the Bill of Rights. Arguments against money bail should remain focused on discrete practices that may be unlawful or bad public policy. The question that states ought to ask, therefore, is not whether the Constitution needs to be radically reinterpreted, but whether bail remains an effective means of ensuring appearance at trial, and if equally or more effective means now exist, is some change in order?
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