Vermont, presumably, would be perfectly free to draw and quarter anyone not properly recycling, since cruel and unusual punishments would be available to states without hindrance.*The Bill of Rights contains many separate provisions (MA's was a Second Amendment ruling), but it's funny because the Massachusetts court on Wednesday gave precisely that example, as if to anticipate McIlheran's award winning cluelessness:
See, e.g., Louisiana ex rel. Francis v. Resweber,** 329 U.S. 459, 463 (1947) (humane tradition of Anglo-American law requires incorporation of Eighth Amendment's prohibition against cruel and unusual punishment under Fourteenth Amendment's due process clause) . . .Sometimes you just want to feel sorry for the poor sod.
* Despite McIlheran's comical incredulity, this is consistent with the view of Chief Justice John Marshall, who was actually around in 1791.
** A better e.g.