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and fill it with lions because i can assure you that would be unconstitutional, even by the standards of the 1700s. in this country, the supreme court has always been the final arbiter as to what the constitution means. >> so five people will determine what's cruel and unusual -- >> no, the supreme court of the united states will determine it, or we've got two ways to decide this. we can let it be decided democratically. or we can let our judges decide it. you know something, they favor it as well. i don't know what other system we could have. >> how about the system of perfection. because you don't get a mullah began when you execute someone. >> the interesting thing, in these recent cases, in the past you could argue maybe guilt or innocent. these three cases, there's no question. they didn't even really contest their guilt. >> did you actually see it? >> i know because the -- >> that's what i'm going to tell you. slam dunk cases in the past. i've seen many a slam dunk case