1) congress passed the Judiciary Act of 1789: upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death in which cases, bail shall not be admitted
2) bail was also incorporated into the 8th amendment but only insofar as it prohibits excessive bail. The 8th amendments excessive bail clause may be interpreted to mean that the sole purpose of bail is to ensure the defendant returns for trial; bail may not be used as a form of punishment or to coerce or threaten a defendant
3) supreme court: Stack v. Boyle 1951 - the court held that bail is excessive when it exceeds an amount reasonable calculated to ensure that the defendant will return for trial, if a crime is bailable, the amount set should not be frivolous, unusual, or beyond a persons ability to pay