does the constitution contemplate capital punishment? Where?

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  • 1 decade ago
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    The constitution doesn't contemplate anything; it's inanimate. People contemplate. The Constitution doesn't prohibit capital punishment; not does it prescribe such explicitly. It leaves such decisions up to individual states. It does prohibit cruel and unusual punishment.

  • 1 decade ago

    Amendment V and Amendment XIV both say: No person shall be deprived of life, liberty, or property without due process of law. This doesn't necessarily mean that it is constitutional (though the Supreme Court has held it to be); rather, all this clause says is that if you take life, you must give due process; it doesn't say as long as you give due process, you can take life. For example, If I say, my car won't run without gas, it is not necessarily true that it will run with gas. I may have a broken starter, for example. This analogy illustrates why the Constitution deoesn't guarantee the constitutionality of capital punishment. But the Constitution does "contemplate" the death penalty.

  • Anonymous
    1 decade ago

    "Amendment V:

    No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in..... etc."

    [a capital crime means death penalty.]

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