 Prosecutors have discretion in bringing charges, the governor has the power to grant clemency "post hoc", and the legislature has the power to retroactively modify the sentence for all persons convicted of Harmelin's crime.For Justice White, Kennedy's narrow proportionality principle effectively "eviscerates" "Solem", leaving only an "empty shell" in its place.How could the inter- and intrajurisdictional comparisons required by "Solem" be anything "but" objective?