Death Reckoning

Paper Summary:

This paper explores and refutes the constitutional arguments against capital punishment by establishing proper guidelines for interpretation of the constitution, identifying the types of constitutional arguments and applying these concepts to the Fifth, Thirteenth, and Eighth Amendments of the United States Constitution. The paper shows that the attack on capital punishment is an attack on all punishment of crime and, thus, on the ability of the United States government to enforce the laws of the land.

Outline
Proper Guidelines for Interpreting the U. S. Constitution
Constraints That Apply to Judicial Interpretation
The Term "Unconstitutional"
Constitutional Arguments Are Focused on the Bill of Rights
Procedural Arguments
Substantive Arguments

From the Paper:

"The major constitutional arguments against capital punishment are focused on the Bill of Rights. There are three key amendments to the Constitution that are relevant to the capital punishment issue. Two of these amendments are in the Bill of Rights; the other amendment expands and supplements the Bill of Rights. The relevant amendments are the Fifth Amendment, the Eighth Amendment and the Thirteenth Amendment. By providing guidelines for properly interpreting the Constitution, I will show that the Fifth Amendment justifies capital punishment, the Thirteenth Amendment supports the Fifth Amendment; and, together, they provide the context for interpreting the Eighth Amendment. This reasoning will provide "[t]he soundest type of argument... where the evidence forces the conclusion" (Kruger 146) and will show that the argument against capital punishment "is an argument against 'all' punishment of criminals, not one uniquely applicable to capital punishment" (Dolinko 574). Therefore, the Constitution of the United States, in the Bill of Rights, justifies capital punishment."

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