The New York Times in an editorial ("An Indefensible Punishment") this morning:
"It is time Americans acknowledged that the death penalty cannot be made to comply with the Constitution and is in every way indefensible."
Earth to New York Times: The Constitution specifically acknowledges the use of capital punishment and provides the conditions under which it is to be administered.
Specifically. See The Due Process Clause of the 5th Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. [emphasis mine]No person shall be deprived of life without due process of law.
Argue that it's immoral.
Argue that it's ineffective.
Argue that it's arbitrarily applied.
Argue that its application is subject to human error.
But don't tell us that its not Constitutionally defensible.