The wording is cruel AND unusual. It can be one or the other, it can’t be both. It was always cruel but back in the day it wasn’t unusual. Now it is. So it has become unconstitutional IMO.
I’m not saying death isn’t a FITTING punishment for some crimes. I’m saying we can’t/shouldn’t do it in a way that satisfies the Constitution.
Keep in mind that common law definitions of terms sometimes differ from the definitions that apply in casual conversation.
The original SCOTUS seems to have interpreted “cruel and unusual” to be code for “we won’t allow drawing and quartering, disembowelment while alive, beheading, public dissection, burning alive, or torture”.
I believe more modern interpretations focus on the avoidance of “unnecessary and wanton infliction of pain”, avoidance of barbarism, and not being grossly disproportionate to the crime committed.
Seems like a fitting thread. Report emerging that United encouraged nursing homes to switch DNR codes in order to reduce costs. If true, United may win a Rick Scott award for Medicare fraud.