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#1 |
Radical Centrist
Join Date: Jan 2001
Location: Cottage of Prussia
Posts: 31,423
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It's not the meaning of the word "and" that requires interpretation, it's the meaning of the words "cruel" and "unusual".
Dwellars please follow: according to Radar's "no interpretation necessary" understanding of the US Constitution, having a wild animal chew off a prisoner's genitals is not "cruel and unusual". There's no stronger case for the need for court interpretation, instead of Radar non-interpretation. Luckily the framers left the job of interpretation up to the courts instead of just assuming we'd all understand what it says. |
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#2 |
The future is unwritten
Join Date: Oct 2002
Posts: 71,105
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Unusual is pretty easy, cruel is quite open to interpretation, however.
Wait a minute... If it says cruel and unusual, does that mean it can be cruel if it's not unusual? Or unusual if it's not cruel?
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The descent of man ~ Nixon, Friedman, Reagan, Trump. |
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#3 |
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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That's exactly what it means. It means a judge can sentence you to stand with a sandwich board around you on a corner that says you are a pedophile. This is unusual, but not cruel.
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"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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#4 | |
Constitutional Scholar
Join Date: Dec 2002
Location: Ocala, FL
Posts: 4,006
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Quote:
There are many who would agree that this is an appropriate form of punishment for child molesters.
__________________
"I'm completely in favor of the separation of Church and State. My idea is that these two institutions screw us up enough on their own, so both of them together is certain death." - George Carlin |
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