James Cleith Phillips (Chapman University Dale E. Fowler School of Law) has posted The Original Meaning of Bailable in the Utah Constitution (11 pages) on SSRN. Here is the abstract:
This short article analyzes the original meaning of the term "bailable" in the Utah Constitution. There are two potential senses: that bailable means bail is required as long as one can meet its requirements, such as "sufficient sureties," or that bailable means the judge is authorized in his or her discretion to allow bail. By looking at contemporaneous dictionaries and the interpretation of identical or similar language in other state constitutions in the late 1800s, the article finds that the former sense was the likely meaning of the Utah Constitution in 1895.
Posted at 6:37 AM