Classmate-Wearing-Yarmulka gets a job and passes the bar exam


Wednesday, April 26, 2006

Death Penalty Unconstitutional?

Is the death penalty unconstitutional?  The NY Times thinks so.  

I understand if you argue that a particular method is unconstitutional, or the application of it for some crimes may be.

But completely unconstitutional?  

I’d like to refer the editors of the Times to the Fifth Amendment of the Constitution-   “No persona shall be…deprived of life, liberty, or property, without due process of law”, as well as the 14th Amendment-  “nor shall any state deprive any person of life, liberty, or property, without due process of law”.

It seems pretty clear the government can deprive you of your life, as long as due process is followed.  


Well the argument goes that "cruel and unusual punishment" should be interpreted based on the understanding of the time and since today the DP is cruel and unusual, the 8th Amendment trumps.

This argument obviously suffers from a lot of holes.
If they live by such 'feelings,' then killing in war is unConstitutional.

The NYT would prefer tag. Or Hide and Seek. Or spin the bottle. Me too.


Semper Fidelis
Jim Baxter
World War II & Korean War

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