Is the Death Penalty Constitutional? Is this a serious question?
Dudley Sharp
Of the 112 justices of the US Supreme Court, I believe only two have declared the death penalty unconstitutional, showing how in disrepute that opinion is.
Easy to understand.
Twice, the 5th Amendment authorizes execution.
1) “ No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . ” and
(2) “. . . nor shall any person . . . be deprived of life, liberty, or property, without due process of law . . . ”.
The 14th amendment is, equally, clear:
” . . . nor shall any State deprive any person of life, liberty, or property, without due process of law . . .”.
Not surprisingly, over 200 years of US Supreme Court decisions support those amendments and the US Constitution in authorizing and enforcing the death penalty.
Some wrongly believe that the US Supreme Court decision, Furman v Georgia (1972), found the death penalty unconstitutional. It did not.
The decisions found that the statutory enforcement of the death penalty in the US was a violation of the 8th Amendment.
Based upon the death penalty being integral within the constitution, through the 5th and 14th amendments, I do not believe it will ever be found unconstitutional.
