5th Amend.: No person shall be deprived of life without due process of law
When the 5th speaks of "deprived of life, liberty, or property, without due process" it is speaking of punishment for a violation of law. The framers decided the Constitution was not going to be the source of peoples personal liberties and that's what they gave us!
Sorry, but VIII is a limitation on the State, not mommy.
Torture murderers do not violate the eighth amendment.