Additionally, I don't understand why mandatory sentences aren't considered a blatant violation of the Constitutional separation of powers. Was it really the Framers' intent that the judiciary's traditional sentencing discretion could be overruled in this way? Maximum sentences are one thing, but Draconian minimums are quite something else. I wish some judges would simply refuse to impose them when they are obviously unjust, even at the cost of their judgeships. And yes, if the Eighth Amendment helps them do that, by all means let them invoke it.

I gather that at the federal level, minimum sentences are now once again considered recommendations; but that hasn't filtered down to the states yet.