This article briefly traces the philosophy, types, and uses of punishment in colonial America and the development of the cruel and unusual punishment clause, identifies major Supreme Court cases in the areas of criminal statutes and prison conditions in which the clause has been at issue, and discusses the current view of the court with respect to the clause and the merits of Justice Thomas' criticisms. Despite passage of the Eighth Amendment in 1789, the Supreme Court did not use it until 1962 to decide the constitutionality of a State criminal statute and not until 1976 to rule upon conditions inside a State prison. Currently, there is no consensus on the use of the clause in deciding the extent to which States may punish their criminal offenders. In terms of improving prison environments, the Eighth Amendment has been interpreted to require prisoners to show deliberate indifference in a State official's mind in order to win a lawsuit. The author concludes that Justice Thomas' remarks are groundless. 13 references