Quote:
Originally Posted by Marcus1124
And how does any of this mean that the Death Penalty, which nobody can reasonably deny was clearly provided for in the text of the Constitution, has somehow become unconstitutional in the interim?
All of these arguments and points are perfectly valid and reasonable...for convincing your fellow citizens to eliminate the death penalty through the democratic process. They are not valid or relevant arguments with regard to whether the constitution proscribes it.
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I'd agree on this one. Obviously there are several approaches on interpreting language, but ignoring its plain language isn't a valid approach IMO. That means jurists can debate the whens and hows of applying it, but the Constitution's express language recognises capital punishment so it's axiomatic that it can't be unconstitutional just on its own accord. Amending the constitution and/or abolishing it legislatively is the proper remedy for removing it altogether.