Not 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 "no 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."

Concurring, Glossip v. Gross, 576 U.S. ___ (2015)