The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a basic ideal of any society that purports to be governed by the rule of law.


Dissenting, McCleskey v. Kemp, 481 U.S. 279 (1987).


The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a...

The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a...

The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a...

The Constitution was framed fundamentally as a bulwark against governmental power, and preventing the arbitrary administration of punishment is a...