Question

Why is the Death Penalty Constitutional when, under the 8th Amendment to the U.S. Constitution the government inflicting "cruel and unusual punishment" is a violation of your individual rights?

	A.	Under the Due Process Clause of the 5th and 14th Amendment, neither the Federal, nor the State Governments can deprive individuals of "life,liberty, or property" without Due Process of the Law.  Which implies that they can WITH Due Process.
	B.	The Eight Amendment guarantees the state application of cruel and unusual punishment
	C.	The Ninth Amendment's guarantee that individuals have less rights than the state or federal government when deterring violent criminals to protect society for the greater good.
	D.	The Fifth Amendment's guarantee against self-incrimination protects the government from the 8th Amendment provision
	E.	The Death Penalty is not Constitutional

Answer 1

Death Penalty Constitutional when under the 8th Amendment to the U.S. Constitution the government inflicting "cruel and unusual punishment" is a violation of your individual rights because:

A. Under the Due Process Clause of the 5th and 14th Amendment, neither the Federal, nor the State Governments can deprive individuals of "life,liberty, or property" without Due Process of the Law.  Which implies that they can WITH Due Process.

The Fifth Amendment provides support for punishment by death.

14th Amendment's Due Process Clause states that there must be safeguards in place by the state to conclude the due process before awarding such punishment.