Scalia—much like Samuel Livermore two hundred years earlier—foresees and deplores a world in which the populace loses by inches its ability to impose effective punishments on wrongdoers. I can’t manage to share their worry. The immense ingenuity of the human species in devising ways to punish people rivals our abilities in art, philosophy, and science. Punishment is a renewable resource; there is no danger we’ll run out.
