"[N]ot once in the history of the American Republic has this Court ever suggested the death penalty is categorically impermissible. The reason is obvious: It is impossible to hold unconstitutional that which the Constitution explicitly contemplates. The Fifth Amendment provides that "[n]o person shall be held to answer for a capital . . . crime, unless on a presentment or indictment of a Grand Jury," and that no person shall be "deprived of life . . . without due process of law.""
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Antonin Scalia, Concurring, Glossip v. Gross, 576 U.S. ___ (2015).
https://en.wikiquote.org/wiki/Fifth_Amendment_to_the_United_States_Constitution
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Fifth Amendment to the United States Constitution
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