[goldstategop]

Of course it IS constitutional. Even a retard reading the Constitution knows this. The Constitution takes the existence of the death penalty for granted. Just look at the wording of the Fifth and Fourteenth Amendments. Judge Rakoff must have been reading a different Constitution than the rest of us when he issued his Soviet ukase.

[Viva Le Dissention]

Yes, of course, I guess that's why the US Supreme Court declared the death penalty unconstitutional for a period of four years.

Apparently, Marshall and the rest were just morons reading the constitution.

You also might want to keep that comment in mind as several death penalty cases are pending before the Supreme Court. Our 9 friends in black robes might just be "morons," too.