Trop v. Dulles

In Trop v. Dulles (1958) 356 U.S. 86, holding the loss of citizenship by reason of conviction for wartime desertion where there was no attempt to give allegiance to a foreign power barred by the Eighth Amendment, the court said: "There may be involved no physical mistreatment, no primitive torture. There is instead the total destruction of the individual's status in organized society. It is a form of punishment more primitive than torture, for it destroys for the individual the political existence that was centuries in the development. The punishment strips the citizen of his status in the national and international political community. His very existence is at the sufferance of the country in which he happens to find himself. While any one country may accord him some rights, and presumably as long as he remained in this country he would enjoy the limited rights of an alien, no country need do so because he is stateless. Furthermore, his enjoyment of even the limited rights of an alien might be subject to termination any time by reason of deportation. In short, the expatriate has lost the right to have rights." Justice Earl Warren of the United States Supreme Court stated: The exact scope of the constitutional phrase "cruel and unusual" has not been detailed by this Court. ... The basic concept underlying the Eighth Amendment is nothing less than the dignity of man. While the State has the power to punish, the Amendment stands to assure that this power be exercised within the limits of civilized standards. ... The Court has recognized ... that the words of the Amendment are not precise, and that their scope is not static. The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.