[Modernman]

If it isn't justice how is it all of our states at the time of the Constitution had the death penalty? It wasn't until very recently that such a punishment was stricken from the books.

Just as an aside, some States have never had the death penalty. Michigan's constitution forbids it, for example.

[JCEccles]

Just as an aside, some States have never had the death penalty. Michigan's constitution forbids it, for example

Precisely. it was left to the people of Michigan to decide. It wasn't imposed on them by five unelected life-tenured liberals on the Supreme Court.

That's as it should be.

The beauty of it is, what the people of Michigan have done they can undo by the same democratic process. A SCOTUS pronouncement, on the other hand, is not only arbitrary and elitist it is far more permanent in a practical sense.