Torie
Moderators
Atlas Legend
Posts: 46,103
Political Matrix
E: -3.48, S: -4.70
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« on: June 25, 2008, 09:09:33 PM » |
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This decision is a close call, but I think correct. Cruel and unusual punishment I think is one of the few Constitutional strictures I think that adverts to contemporary mores, and was so intended. I don't think the founders intended "cruel and unusual" to be a static concept, and it is not even for a textualist who does not care about intent, a reasonable interpretation to interpret such language as embracing a static concept. What makes the case close, is whether or not contemporary US mores consider executing child rapists "cruel and unusual."
That is all.
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