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There was a period from 1972 to 1976 that capital punishment was ruled unconstitutional by the Supreme Court. Their reason for this decision was that the death penalty was cruel and unusual punishment under the eighth amendment. The decision was reversed when new methods of execution were introduced. http://www.utm.edu/research/iep/c/capitalp.htm
The American Civil Liberties Union believed the death penalty inherently violates the constitutional ban against cruel and unusual punishment and the guarantees of due process of law and of equal protection under the law. Furthermore, we hold that the state should not arrogate unto itself the right to kill human beings ? especially when it kills with premeditation and ceremony, in the name of the law or in the name of its people, or when it does so in an arbitrary and discriminatory fashion...
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