"cruel and unusual" 4

First, one may notice how making a penalty imply dealing with new matter which imply facing the matter and thinking about it for the first time and that fits with how the amendment stated things in the sequence of  "bail", "fines"  then "punishments". Then one may also notice how unlike the later two words, "bail" was in the singular form. Combining the two notes above and considering the fact that there is one bail for an accused person regardless of the number of fines or punishments in question, the view per completed process rather than individual persons as a group with cut processes would seem more evident and that support the claim that the amendment is about the making of rules and not applying them (in the sense pointed out in the post below).