Capitol punishment has been considered a state police power, but Progressives argue it is prohibited under the prohibition on cruel and unusual punishments.
Before the Constitution, in some colonies, parents had the legal power to kill their children, if the children repeatedly disobeyed.
Children do not have all the rights adults have.
But the court decision exempted full term babies from any limits of killing at the federal level?
Babies are in some special zone where their being killed by local government is completely outside of any federal consideration?