"cruel and unusual" 3

So, as much as, for example, a book about the making of cars can still talk about or refer to driving them as a consequence to the ways of manufacturing them and despite that the ultimate purpose being driving them may still be described as being just about the making of cars not driving them, it appears that the eighth amendment was about the making of penalties not applying them. Therefore it does not apply on what is directly mandated by the eye for an eye principle because that comes naturally and doesn't need to be made.