[GSlob]

Well, regarding "the cruel and unusual punishment" it could be interpreted around, namely that the punishment should be merely commensurate to the seriousness of the crime, and not "unusual" for it [and not by itself].

[Skywalk]

That's exactly the point. Cruel and unusual meant no drawing and quartering or hanging for theft. It never meant(if so, it would have been banned) NO death penalty and or corporal punishment.