Hamm v. Smith · ¶106
The Eighth Amendment prohibits “cruel and unusual punishments.” As originally understood, that prohibition concerns cruel and unusual methods of punishment. Grants Pass v. Johnson, 603 U. S. 520, 541–543 (2024); accord, Al dridge v. Commonwealth, 2 Va. Cas. 447, 449–450 (1824) (“merely applicable to the modes of punishment”). Because capital punishment need not be cruel and has not “long fallen out of use,” the “Constitution allows” it. Bucklew v. Pre cythe, 587 U. S. 119, 129–130 (2019).Read in context ›
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