“Flogging as a punishment might have been fine in the 18th century. That doesn't mean that it would be OK, and not cruel and unusual, today." —Justice Stephen Breyer, arguing against Justice Scalia's belief in the principle of originalism, which holds that the Constitution is a dead document and that different interpretations from the original authors' intent should not be applied. In his new book, Making Our Democracy Work, A Judge’s View, Breyer makes the case that the Founding Fathers knew “perfectly well that conditions would change.” [NPR via WSJ]
Photo: Chip Somodevilla/Getty Images
- 1. 20 Things Worth Knowing About Toronto’s Crack-Smoking Mayor, Rob Ford
- 2. Netflix Adultery Afflicts Half of Relationships, Says Netflix
- 3. In Touch’s ‘Kanye Is Gay’ Story Is Awful
- 4. Kim Kardashian’s Tortured, Swollen Feet: A Lament
- 5. Could Harvey Weinstein Make History With Three Black Best Actor Oscar Candidates?
- 6. Take Vulture’s Arrested Development Superfan Quiz
- 7. Cannes Day 3: Marion Cotillard, Eva Longoria, and an Extraordinary Dress Made of Biscuit Trays
- 8. Beyoncé Really Is Pregnant, Says E!
- 9. Kids in the Hall Alum Scott Thompson on Hannibal and Why Being Gay Is Now Boring