Does a properly enacted state statute imposing fines and penalties violate the Eighth Amendment if the state applies the statute arbitrarily and abusively?

QUESTIONS PRESENTED Does a properly enacted state statute imposing fines and penalties violate the Eighth Amendment of the United States Constitution if the state applies the statute arbitrarily and abusively? Does the Fourteenth Amendment require states to consider substantive and procedural due process protections when imposing state statutory fines and penalties? Does the Texas Supreme Court’s “shocking the senses of mankind” standard for considering the constitutionality of statutory fines and penalties without regard to proportionality violate the Eighth and Fourteenth Amendments to the United States Constitution?