2¢ Publishing...

To prove a constitutional violation, the plaintifs must demonstrate the existence of a discriminatory purpose, and some injury resulting from the intentional discrimination.
Justice White's opinion, "...prove both intentional discrimination against an identifiable political group and an actual dicriminatory effect on that group."

That same rule applies to identifiable racial groups.
"Only where there is evidence that excluded groups have less opportunity to participate in the political process..."
794 F.Supp. 990 (S.D. Cal. 1992

So. If this applies to political and racial groups, homelessINK wonders, why does it not apply to the homeless people? Can it be that economic discrimination is being used to deny certain groups their constitutional rights?

http://news.findlaw.com/

(a) The Eighth Amendment's prohibition against "cruel and unusual punishments" must be interpreted according to its text, by considering history, tradition, and precedent, and with due regard for its purpose and function in the constitutional design. To implement this framework this Court has established the propriety and affirmed the necessity of referring to "the evolving standards of decency that mark the progress of a maturing society" to determine which punishments are so disproportionate as to be "cruel and unusual." Trop v. Dulles, 356 U. S. 86, 100-101.///// http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=us/000/03-633.html