Comment Re:Time to move into the Century of the fruit bat. (Score 1) 1198
The Constitution specifically follows its version of that clause with "without due process" (amendment 5):
No person shall be
For better or worse (and clearly "worse" in this case), due process was followed. The best legal (as opposed to moral) argument against the death penalty is that due process isn't always followed scrupulously: many cases are overturned only by heroic efforts of lawyers, frequently working for little or nothing because the people who had money are unlikely to have received a capital sentence in the first place. Our system of justice seems poor at granting due process under the best of circumstances, and one could argue that there simply isn't due process that can justify the death penalty.
The "life, liberty, and pursuit of happiness" line is from the Declaration of Independence: a noble and important founding document, but lacking the force of law for a reason. That's not how or why it was written. For better or worse, the Constitution was deliberately crafted with "due process" in mind, and they clearly considered the death penalty to be a valid option.