The Constitution does discuss the death penalty. Life and limb, etc... I'm uncomfortable with his assertion that it doesn't.
"The Constitution does discuss the death penalty"
Where?
Amendment V
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.
What question about the death penalty does that raise for you?
life & limb? What-tha.....