If the laws were amended as you suggest, what would happen is it prison capacities would be constantly redefined, rather like the debt ceiling. You'd need the l

If the laws were amended as you suggest, what would happen is it prison capacities would be constantly redefined, rather like the debt ceiling. You'd need the law to impose a hard limit on prisoners per square foot or something to make it reasonably hard to evade. Also, if it's easier and cheaper to change the law than build a new prison, it won't work. You've definitely identified the crux of the problem, though - prison capacities need to be treated as hard limits not to be exceeded, and not some nominal "design" number, which is routinely exceeded without limitation. If more people need to be incarcerated than there is capacity for, the solution needs to be building a new prison. To be unconstitutionally cruel and unusual, a punishment needs to be well, cruel and unusual. Prison overcrowding may be cruel, but it's not unusual.