your head is clearly submerged in a bucket of activist "living document" Kool Aid.
The Founders' intent and the meaning of words when they wrote the Constitution trumps modern opinion polls and modern foreign trends.
"Cruel" to them meant infliction of excessive pain in the execution of a sentence, "unusual" meant sentencing disproportionate to the crime.
According to the Founders, a 17 year old was mature enough to be called up for military service as part of the militia.
According to the standards of their day, a 14 year old could be sentenced to death.
According to the standards of their day, flogging was not cruel.
Yes, today's standards have changed.
Yes, the Constitution can be changed to reflect modernity.
There are EXACTLY TWO ways to do so: Amendment, and a Constitutional Convention.
Judicial activism is NOT constitutionally authorized - it is NOT part of the enumerated powers delegated to the Judiciary.
CASE CLOSED on your third-way living-document horsepuckey.
As to reliance:
1. As there is no denotative hint of support for this ruling in the text of the Constitution
2. and as there is evidently insufficient support among the federal and state legislatures for the ethos this ruling purports to define for there to be any practical hope for either an amendment to the constitution OR a convention to be called on this topic
3. CLEARLY the only points of law to which this ruling can turn for support are foreign trends.
that is a textbook example of reliance upon foreign law in contravention of the supremacy of the Constitution.
This is against the law, a breach of their oath of office, bad behavior, and an impeachable offence.
FIRE THE BASTARDS.
It is I who owe you the compliment.
Excellent!
It appears when one reads posts from the last, upwards to the first, one is always late in replying
Let me see if I get this right, you place great significance on the legally vague concepts "cruel" and "unusual" but feel free to ignore the plain meaning of the term "good behavior" and replace it with "issuing rulings I don't like." OoooK. Carry on.