Also, courts have repeatedly ruled that a punishment has to be both cruel and unusual to be unconstitutional. Which means that if the government just treats everyone like trash, it’s cruel but not unusual. Because the government is what decides what is unusual simply by adjusting how often it is used. If something is unusual and they want to change that, they just do it more so it’s considered usual.
Solitary confinement is absolutely unconstitutional, but good luck convincing someone that it’s cruel and unusual if they’ve never been subject to it
Watch Murder in the First, Kevin Bacon and Christian Slater are amazing
Also, courts have repeatedly ruled that a punishment has to be both cruel and unusual to be unconstitutional. Which means that if the government just treats everyone like trash, it’s cruel but not unusual. Because the government is what decides what is unusual simply by adjusting how often it is used. If something is unusual and they want to change that, they just do it more so it’s considered usual.
Yeah, James Madison definitely made a mistake writing “and”, but also fuck the courts for that ruling.