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Anastaplo questions what the founding fathers meant by the term "cruel and unusual" and whether the death penalty fits that description (Anastaplo, 1999). Justice Scalia said,
"Professor Anastaplo thinks ?cruel and unusual' may not mean the same today as it did before. Well, I suppose we may not think it cruel today when they may have before...
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Well, I suppose we may not think it cruel today when they may have before. Why does it have to be a one-way street? Do you think that maybe the framers had it in their minds to really oppose cruel and unusual punishments?not any particular ones, we just don't want punishments to be cruel and unusual, whatever that might mean? If a future generation might think that thumbscrews are not cruel and unusual, and we think they are, then that's okay...
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General points of the essay
Fallacy of the Founding fathers
Founding Fathers of the USA
founding fathers democratic?
Capital Punishment & The Death Penalty
LOUISIANA DEATH PENALTY TERM PAPER
Capital Punishment Is Not Only Unusual, But Cruel
In Favor Of Corporate Punishment
Is The Death Penalty Cruel And Unusual Punishment?
In Favor of the Death Penalty
Capital Punishment And The Death Penalty
Capital Punishment: The Death Penalty
Death Penalty is Cruel
founding fathers of sociology
The Death Penalty Should Not Be A Common Punishment
The Death Penalty, The Ultimate Punishment
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