That should settle matters, as the method of execution was one which the founders clearly viewed as not being “cruel and unusual punishment” due to its ubiquity at the time of the adoption of the Bill of Rights.

Such a course of action would clearly undo the ponderous jurisprudence of the Supreme Court on the death penalty, and what methods of execution are permissible.

The Supreme Court on Tuesday agreed to consider the constitutionality of lethal injections in a case that could affect the way inmates are executed around the country.

The high court will hear a challenge from two inmates on death row in Kentucky — Ralph Baze and Thomas Clyde Bowling Jr. — who sued Kentucky in 2004, claiming lethal injection amounts to cruel and unusual punishment.

Baze has been scheduled for execution Tuesday night, but the Kentucky Supreme Court halted the proceedings earlier this month.

The U.S. Supreme Court has previously made it easier for death row inmates to contest the lethal injections used across the country for executions.

But until Tuesday, the justices had never agreed to consider the fundamental question of whether the mix of drugs used in Kentucky and elsewhere violates the Eighth Amendment's ban on cruel and unusual punishment.

All 37 states that perform lethal injections use the same three-drug cocktail, but at least 11 states suspended its use after opponents alleged it was ineffective and cruel. The three drugs consist of an anesthetic, a muscle paralyzer, and a substance to stop the heart. Death penalty foes have argued that if the condemned prisoner is not given enough anesthetic, he can suffer excruciating pain without being able to cry out.

Personally, though, I have to note that the entire debate over the constitutionality of any given form of the death penalty seems to be absurd to me. Look at the terms. Capital Punishment. Death Penalty. The goal is not to rehabilitate or show mercy – it is to exact retribution for the misdeeds of the condemned. The time has come, quite frankly, to get over the misguided notion that these folks have a right to experience no pain or suffering as they are executed. Maybe a little pain and suffering would even be good for their souls – or perhaps a foretaste of what they will experience for all eternity.