"The principle inherent in the clause that prohibits pointless infliction of excessive punishment when less severe punishment can adequately achieve the same purposes invalidates the punishment"
About this Quote
The subtext is a rebuke to penal habits that treat suffering as its own proof of seriousness. Brennan is telling lawmakers and lower courts that retribution can’t be a blank check; if deterrence, incapacitation, or rehabilitation can be achieved with less severity, the extra cruelty becomes constitutionally suspect. “Invalidates the punishment” is deliberately blunt. He’s not asking for mercy as a civic virtue. He’s asserting a legal failure, as if excess itself voids the sentence the way a procedural defect voids a conviction.
Context matters: Brennan’s career tracks the postwar expansion of rights and the modern Court’s struggle over what “cruel and unusual” means in an era of mass incarceration and capital punishment. His rhetoric sounds clinical, even bureaucratic, but that’s the point: it recasts compassion as a rule of law. The state doesn’t get to hurt people just because it can.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite | Cite this Quote |
Citation Formats
APA Style (7th ed.)
Brennan, William J. (n.d.). The principle inherent in the clause that prohibits pointless infliction of excessive punishment when less severe punishment can adequately achieve the same purposes invalidates the punishment. FixQuotes. https://fixquotes.com/quotes/the-principle-inherent-in-the-clause-that-90880/
Chicago Style
Brennan, William J. "The principle inherent in the clause that prohibits pointless infliction of excessive punishment when less severe punishment can adequately achieve the same purposes invalidates the punishment." FixQuotes. Accessed February 1, 2026. https://fixquotes.com/quotes/the-principle-inherent-in-the-clause-that-90880/.
MLA Style (9th ed.)
"The principle inherent in the clause that prohibits pointless infliction of excessive punishment when less severe punishment can adequately achieve the same purposes invalidates the punishment." FixQuotes, https://fixquotes.com/quotes/the-principle-inherent-in-the-clause-that-90880/. Accessed 1 Feb. 2026.










