> Cruelty in punishment is unconstitutional

Technically, per a Supreme Court ruling, the 8th Amendment treats the "and" in "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." as a boolean operator.

Punishments which are merely cruel but not unusual, or unusual but not cruel, are constitutional. It's only a problem when it's both cruel and at the same time unusual.