True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
Posts: 42,144
|
 |
« on: October 21, 2015, 10:35:24 PM » |
|
He is right tho that SCOTUS has truly warped the intent of the "cruel and unusual punishment" clause from what it originally meant. And unlike a lot of originalism, in the case the original intent is not those of the founders, but of those who wrote the English Bill of Rights in 1689. That phrase wasn't intended to limit legislatures but judges so that couldn't make up punishments or pull obscure punishments out of the common law that hadn't been used in decades or even centuries.
Scalia is also right that SCOTUS has so limited the application of capital punishment that it's hard to see where the time and expense needed to use it can be justified.
|
