Our Malleable Constitution

It seems that the meaning of the eighth amendement has changed in the last 15 years since Stanford vs. Kentucky. Who knows what the Constitution might stand for tomorrow. Hmmmm.

Regarding the eighth amendment the Court stated,
"since 1958 the Court "has referred to the laws of other countries and to international authorities as instructive" in defining the meaning of that Amendment."

For the opinion of the Court see Justice Kennedy's report.

Also, Scalia and O'Connor wrote their dissenting opinions.