Originalist Interpretation of Cruel and Unusual Punishment

This chapter discusses the originalist interpretation of the Constitution's clause on cruel and unusual punishment, debunking Justice Scalia's theory. It explores the definition of 'unusual' as something new or novel, and how a punishment can be deemed unconstitutional if it is both new and disproportionate. The chapter also delves into the debate on the death penalty and the criticisms towards Scalia's approach.