I do accept that, with - with respect to those vague terms in the Constitution such as equal protection of the laws, due process of law, cruel and unusual punishments. I fully accept that those things have to apply to new phenomena that didn't exist at the time.

We have laws against torture. The Constitution says nothing whatever about torture. It speaks of punishment; 'cruel and unusual' punishments are forbidden.

The Constitution has a good share of deliberately open-ended guarantees, like rights to due process of law, equal protection of the law, and freedom from unreasonable searches.

There is no proportional representation requirement in the Equal Protection Clause.

It's absolutely clear that whatever cruel and unusual punishments may - may mean with regard to future things, such as death by injection or the electric chair, it's clear that - that the death penalty, in and of itself, is not considered cruel and unusual punishment.

The 'takings' clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals.