Federal Judiciary

Justice Stevens Says the Fifth Amendment is Unconstitutional

By AndrewHyman

In 1976, Justice Stevens wrote:

The Fifth Amendment, adopted at the same time as the Eighth, contemplated the continued existence of the capital sanction by imposing certain limits on the prosecution of capital cases.

But this week, he wrote:

I have relied on my own experience in reaching the conclusion that the imposition of the death penalty represents "the pointless and needless extinction of life .... violative of the Eighth Amendment."

It's fine for Justice Stevens to disdain the death penalty, and to disdain the Fifth Amendment, but it's not fine for him to confuse his own disdain with unconstitutionality. Here's how a blogger at Southern Appeal puts it:

My personal disdain for the death penalty has nothing to do with my understanding that the Constitution explicitly permits the states to impose such a penalty.

And for those of you trying to read the retirement tea leaves, see below the fold.

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Full post as published by ConfirmThem on April 17, 2008 (boomark / email).