In the mid-1980’s (IIRC), there was a profoundly demented Supreme Court interpretation of the word “and” as used in the Eighth Amendment:
It was an appeal of a ruling in a (utterly frivolous, IMHO) “cruel and unusual punishment” case. The appellant, a prisoner, claimed that his 8th Amendment rights were violated because he wasn’t allowed to watch TV in prison. It just doesn’t get much crueler than that. :rolleyes: I’ll be damned if I can imagine why the Supreme Court even took the case.
Anyway, IIRC, the SC ruled that the Amendment says that a punishment must be simultaneously both cruel and unusual, for it to be prohibited. (Sorry, I don’t recall and can’t guess which of these criteria the TV-less prison was imagined to violate, but apparently it didn’t violate both conditions.)
SO: It must be improper to burn prisoners at the stake because that is both cruel and unusual. But if we were to start burning prisoners regularly and often, then it would be perfectly acceptable. :smack:
