[arcticbull]

In a way. In Furman v. Georgia, the interpretation of "cruel and unusual" led to a four-part test ([1]):

- The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity", especially torture.

- "A severe punishment that is obviously inflicted in wholly arbitrary fashion."

- "A severe punishment that is clearly and totally rejected throughout society."

- "A severe punishment that is patently unnecessary."

In a real way, cruel but banal is permitted under this test. For instance solitary confinement and slavery, the latter of which is expressly permitted for prisoners under the 13th amendment.

This is of course why the US penal system needs wholesale reform.

[1] https://en.wikipedia.org/wiki/Cruel_and_unusual_punishment