What Happened To The 8th Amendment?

Scalia Likens Reading Obamacare to Cruel and Unusual Punishment | Washington Free Beacon: "Supreme Court justice Antonin Scalia humorously invoked the Eighth Amendment to the Constitution, which forbids cruel and unusual punishments, when discussing the Obamacare legislation during oral argument today at the Supreme Court.

JUSTICE SCALIA: Mr. Kneedler, what happened to the Eighth Amendment? You really want us to go through these 2,700 pages?

(Laughter.)"

Of course, what happened to it is that it's been flushed down the memory hole along with the rest of the Constitution...