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Executions In America: How Constitutional Interpretation Has Restricted Capital Punishment, Andrea Paone
Executions In America: How Constitutional Interpretation Has Restricted Capital Punishment, Andrea Paone
Pell Scholars and Senior Theses
In upholding the constitutionality of capital punishment, the United States Supreme Court has utilized a strict construction interpretation of the Fourteenth Amendment's Due Process Clause, which has led the opponents of capital punishment to abandon the Due Process approach and look to the Eighth Amendment, for which the justices utilize a loose construction interpretation.