Cite as: 503 U. S. 1 (1992)
Thomas, J., dissenting
terpretation of analogous provisions by state courts. Nowhere does Weems even hint that the Clause might regulate not just criminal sentences but the treatment of prisoners. Scholarly commentary also viewed the Clause as governing punishments that were part of the sentence. See T. Cooley, Constitutional Limitations *329 ("It is certainly difficult to determine precisely what is meant by cruel and unusual punishments. Probably any punishment declared by statute for an offence which was punishable in the same way at the common law, could not be regarded as cruel or unusual in the constitutional sense. And probably any new statutory of-fence may be punished to the extent and in the mode permitted by the common law for offences of similar nature. But those degrading punishments which in any State had become obsolete before its existing constitution was adopted, we think may well be held forbidden by it as cruel and unusual") (emphasis added). See also 3 J. Story, Commentaries on the Constitution of the United States 750-751 (1833).
Surely prison was not a more congenial place in the early years of the Republic than it is today; nor were our judges and commentators so naive as to be unaware of the often harsh conditions of prison life. Rather, they simply did not conceive of the Eighth Amendment as protecting inmates from harsh treatment. Thus, historically, the lower courts routinely rejected prisoner grievances by explaining that the courts had no role in regulating prison life. "[I]t is well settled that it is not the function of the courts to superintend the treatment and discipline of prisoners in penitentiaries, but only to deliver from imprisonment those who are illegally confined." Stroud v. Swope, 187 F. 2d 850, 851-852 (CA9), cert. denied, 342 U. S. 829 (1951). See also Sutton v. Settle, 302 F. 2d 286, 288 (CA8 1962) (per curiam), cert. denied, 372 U. S. 930 (1963); United States ex rel. Atterbury v. Ragen, 237 F. 2d 953, 954-956 (CA7 1956), cert. denied, 353 U. S. 964 (1957); Banning v. Looney, 213 F. 2d 771 (CA10 1954) (per curiam); Sarshik v. Sanford, 142 F. 2d 676 (CA5 1944). It
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