Yascha Mounk on the Future of Diverse Democracies
The Lawfare Podcast
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Is the Death Penalty a Cruel and Unusuala Punishment?
I don't find it tat useful to think about whether or not punishment constitutes cruel and unusuala punishment. That can, as with many rights, be exceptions when there is a compelling state interest which demands that public authorities act in a way that might justify a temporary abrogation of one of thes rights. And so what you come out with then is a universalist wealth estate, which is much more politically popular than letting these benefits go to people who are needy. But it's only in rare cases where such an universalist remedy is unavailable. We allowd to violately equal protection amendment and make state benefit depend on the race of an applicant. The right basic framework for affirmative action
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