Abstract

http://ssrn.com/abstract=2397388
 


 



Death Penalty Jurisprudence by Tallying State Legislative Enactments: Harmonizing the Eighth and Tenth Amendments


Charles E. MacLean


Indiana Tech - Law School

Akram Faizer


Lincoln Memorial University - Duncan School of Law

February 1, 2014


Abstract:     
Whenever most legislatures in death penalty states have rejected a particular application of capital punishment, the Supreme Court has held that no state may retain that application, reasoning that any death penalty approach rejected by the majority of states is, perforce, unconstitutionally “cruel and unusual” under the Eighth Amendment. Although some laud these decisions, they ignore the States’ Tenth Amendment rights to govern themselves within broad constitutional parameters. Rather than defer to opinion polls or tallying state legislative enactments, the Court should engage in true constitutional analysis, forbidding cruel and unusual punishments, but simultaneously honoring states’ rights to govern themselves.

Number of Pages in PDF File: 35


Open PDF in Browser Download This Paper

Date posted: February 18, 2014  

Suggested Citation

MacLean, Charles E. and Faizer, Akram, Death Penalty Jurisprudence by Tallying State Legislative Enactments: Harmonizing the Eighth and Tenth Amendments (February 1, 2014). Available at SSRN: http://ssrn.com/abstract=2397388 or http://dx.doi.org/10.2139/ssrn.2397388

Contact Information

Charles E. MacLean (Contact Author)
Indiana Tech - Law School ( email )
1600 East Washington Blvd.
Fort Wayne, IN 46803
United States
260-422-5561 x-3447 (Phone)
Akram Faizer
Lincoln Memorial University - Duncan School of Law ( email )
601 West Summit Hill Drive
Knoxville, TN 37902
United States
Feedback to SSRN


Paper statistics
Abstract Views: 190
Downloads: 27

© 2016 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.172 seconds