Antonin Scalia Cruel Quotations

If you are sentenced to torture for a crime, yes, that is a cruel punishment. But the mere fact that somebody is tortured is - is unlawful under - under our statutes, but the Constitution happens not to address it, just as it does not address a lot of other horrible things.

It's absolutely clear that whatever cruel and unusual punishments may - may mean with regard to future things, such as death by injection or the electric chair, it's clear that - that the death penalty, in and of itself, is not considered cruel and unusual punishment.

I do accept that, with - with respect to those vague terms in the Constitution such as equal protection of the laws, due process of law, cruel and unusual punishments. I fully accept that those things have to apply to new phenomena that didn't exist at the time.