From Jennifer Senior’s interview of Justice Anthony Scalia in New York Magazine:
Flogging. And what I would say now is, yes, if a state enacted a law permitting flogging, it is immensely stupid, but it is not unconstitutional. A lot of stuff that’s stupid is not unconstitutional. I gave a talk once where I said they ought to pass out to all federal judges a stamp, and the stamp says — Whack! [Pounds his fist.] — STUPID BUT — CONSTITUTIONAL. Whack! [Pounds again.] STUPID BUT — CONSTITUTIONAL! Whack! — STUPID BUT CONSTITUTIONAL … [Laughs.] And then somebody sent me one.
From the Constitution of the United States, Article [IX]:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Flagellation or flogging is the act of methodically beating or whipping (Latin flagellum, “whip”) the human body. Specialised implements for it include rods, switches, the cat o’ nine tails and the sjambok.