The+Death+Penalty+and+the+Fifth+Amendment

Blocher, Joseph. "The Death Penalty and the Fifth Amendment." Northwestern University Law Review, vol. 111, no. 1, 15 Nov. 2016, pp. 275-293. EBSCOhost, ezproxy.gsu.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=120553778&site=eds-live.

This article talks about the constitutionality of the death penalty specifically under the 5th amendment argument. The 5th amendment argument is essentially that the because the 5th amendment considers whether or not the death penalty is cruel and unusual, the death penalty is constitutional. The argument against this claim is that the Bill of Rights were constructed at a different time, so the constitutionality of the death penalty doesn't necessarily translate into the 21st century. Another argument is that even if something is stated as constitutional in the Bill of Rights doesn't mean that there can be independent constitutional challenges against it.

I will use this article to mainly address the constitutional portion of my argument against the death penalty. I will mainly be focusing on using this article to counter the 5th amendment argument using the two main ideas in this source. I will try to use this to display both sides of the argument, but more as a way to counter the 5th amendment argument using the ideas about the time difference and being able to challenge the constitutionality of it. There is also a lot of quotable material within this source that I plan on using for my introduction.