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The Political Orphanage

(Sneak Peak) From Branding to the Electric Chair

The Political Orphanage

Andrew Heaton

Politics, Comedy, News

4.91000 Ratings

🗓️ 10 October 2025

⏱️ 27 minutes

🧾️ Download transcript

Summary

Okay, so what constitutes "cruel and unusual"? Why was it okay to brand horse thieves in the face in old timey days, but it's barbaric now?

In the final installment of this year's Judge Week, we go over the history of cruel and unusual punishments; what scared the English into outlawing it in their Bill of Rights, and how America interpreted it for the first century of the Constitution. Then, landmark decisions which have further modified, narrowed, and evolved what constitutes as "cruel" in the United States.

Transcript

Click on a timestamp to play from that location

0:00.0

Hello, Lord Uncle Heaton here. This is a preview or sample episode of today's bonus episode that patrons are going to enjoy.

0:09.8

We're going to cover a lot. We go over the history of cruel and unusual punishments where they come from,

0:16.4

the incredibly horrible way that William Wallace was killed in England, followed by a bunch of other

0:22.4

dead English people. And then we jump over to American case law and how the nature of what

0:28.3

constitutes cruel and unusual punishment has altered and evolved over time. And I hit, I think,

0:35.6

all of the major precedents that would come up in a course on this

0:40.5

topic. So it's a fun primer that's pretty grisly and actually has a lot of constitutional

0:44.4

analysis in it for you. I am going to play the full episode on Patreon and Substack for patrons.

0:51.6

For you, you get a sneak peek. You're going to hear about half of the episode, maybe a little bit less, and then it's going to fade out. If you really like it, become a patron of the show. You can go to patreon.com slash Andrew Heaton or go to Substack at The Political Orphanage.com. If you do it this week or next, you will be interred into

1:11.0

the drawing for

1:11.7

a gavel

1:12.2

and you might

1:12.6

just become a

1:13.6

judge of the

1:14.3

political

1:14.5

orphanage.

1:15.5

Enjoy. To do not do our Lord, my executioner,

1:30.3

Oh, down, to the law, to the law,

1:33.3

my execution, now, Branding people go back, way back!

1:50.3

Branding people goes way back,

1:54.6

in the Roman Empire, applying justice to runaway slaves and robbers meant, in part, branding a letter across their face.

2:03.3

That practice stopped under the Emperor Constantine. By that time, face branding was considered

...

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