Death Penalties: The Supreme Court's Obstacle Course,

Raoul Berger, one of the greatest constitutional scholars of all time, addresses the the Supreme Court's treatment of the death penalty. Here, he explores the history and original meaning of the Eighth Amendment's "cruel and unusual punishments" clause. What does the Constitution say about capital punishment? With history and logic on his side, Berger demonstrates that the Eighth Amendment's "cruel and unusual punishments" clause does not prohibit the death penalty; it does not even require that a punishment be proportional to the crime. Rooted in English law, the clause only referred to certain kinds of punishments. Even more significant, Berger demonstrates that the Eighth Amendment is only applicable against the federal government, not the states. In short, the Supreme Court's interference in state policies on capital punishment is totally unwarranted by the Constitution. This book is highly recommended! When the philosopher kings on the court substitute their own "evolving standards of decency" for the Constitution's original understanding, we get the arbitrary rule of judges, as Berger details in this outstanding scholarly book.

Powerful, comprehensive, unanswerable scholarship. Read this book at your own risk if you would like to believe the U.S. Supreme Court has the authority to strike down the death penalty.