It is strongly recommended that you include your outline in the body of your essay by using the outline as section titles. The headings below are there to remind you how section and subsection titles are formatted.

Paper Title

-- By WenweiLai - 25 Feb 2010

Section I: The current cruel and unusual punishment jurisprudence in the Supreme Court

Subsection A: Transcendental nonsense adopted by the Court

Subsub 1: "the evolving standards of decency that mark the progress of a maturing society"; "national consensus"

Subsection B: The Court is, in fact, a realistic Court under the cover of transcendental nonsense- the use of foreign sources

Section II: Foreign sources as a functional approach in Constitution interpretation

Subsection A: The use should be justified

Subsub 1: Probing behind: there have been plenty of Supreme Court decisions citing foreign sources

Subsub 2: Projecting forward: the foreign experiences are the best empirical evidence in support of the abolition

Subsection B: So, are the dissenters out of their minds?

Subsub 1: The legitimacy of constitutional comparativism should be determined by constitutional theory

Subsub 2: Textualism is not a functional approach

Section III: Conclusion: the use of foreign source is justified, and the Court should abandon the use of transcendental nonsense.

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