Abolishing Death

14 Pages Posted: 25 May 2018

Date Written: May 18, 2018


This essay, written for the Duke Journal of Constitutional Law and Public Policy Symposium, An Even More Perfect Union: Proposed Amendments to the Constitution, makes the case for a constitutional amendment to abolish the death penalty and lays out possible routes to enactment. Part one of the essay opens by recounting one Congress member’s unsuccessful efforts at launching a death penalty amendment. It then describes the present state of the law in the United States regarding capital punishment, including recent data showing a significant decline in death sentences and executions among the few states still engaging in the practice. Part two provides an overview of the process established by Article V for amending the Constitution, and then evaluates the potential paths for a successful death penalty abolition amendment.

Keywords: constitutional law, eighth amendment, death penalty, state constitutional convention

Suggested Citation

Newman Knake, Renee, Abolishing Death (May 18, 2018). Duke Journal of Constitutional Law & Public Policy, Vol. 13, No. 2, 2018; U of Houston Law Center No. 2018-A6. Available at SSRN: https://ssrn.com/abstract=3180771

Renee Newman Knake (Contact Author)

University of Houston Law Center ( email )

Houston, TX 77003
United States

HOME PAGE: http://www.law.uh.edu/faculty/main.asp?PID=5141

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