Ending the federal death penalty would bolster our democracy | TheHill – The Hill
On Oct. 13, hearing the case of United States v. Tsarnaev, the surviving Boston Marathon bomber, the Supreme Courts conservative justices signalled that they will reverse a soundly reasoned federal Court of Appeals ruling and reinstate Dzhokhar Tsarnaevs death sentence. The case not only challenges our legal process, it also tests President BidenJoe BidenJan. 6 panel lays out criminal contempt case against Bannon Overnight Energy & Environment Presented by the American Petroleum Institute Democrats address reports that clean energy program will be axed Two House Democrats to retire ahead of challenging midterms MOREs promise to work to pass legislation to eliminate the death penalty at the federal level.
It is no great surprise that conservative justices favor the death penalty and appear unreceptive to Tsarnaevs appeal. But it is surprising and disappointing when Bidens Justice Department asks the court to reinstate Tsarnaevs sentence.
The stakes go beyond his life. Underlying every death case is the vibrancy of our form of government. The challenge that capital punishment poses to democracy is an underappreciated underpinning of efforts to end it in the United States.
Capital punishment is a vestige of monarchical prerogatives which allow a single person to decide who lives or dies. In todays world, autocrats love capital punishment and use it to crush and intimidate political opponents.
Visiting it upon so-called enemies of the state demonstrates their dominance. According to French philosopher Michel Foucault, the ultimate expression of sovereign power is the right to take life or let live. For would-be dictators, merging the death penalty with unconstrained executive power is a marriage of considerable convenience.
Check out national leaders around the world who crave the power to kill their enemies.
Hungary abolished the death penalty in 1990. But its current strongman, Viktor Orban, wants to restore it in the European Union, currently a death penalty-free zone. Orbans the guy who cracks down on a free press, rails against LGBT people, and blames George Soros for flooding Christian Hungary with Muslims.
Rodrigo Duterte, the autocratic Philippines president, also wants to bring back the death penalty as part of his brutal war on drugs. Capital punishment ended there in 2006. China, Iran, Egypt, Iraq and Saudi Arabia none paragons of democracy lead the world in death sentences and executions.
At home, Donald TrumpDonald TrumpTrump goes after Cassidy after saying he wouldn't support him for president in 2024 Jan. 6 panel lays out criminal contempt case against Bannon Hillicon Valley Presented by Xerox Agencies sound alarm over ransomware targeting agriculture groups MORE, this nations most autocratic president, was also a death penalty enthusiast. He rushed to kill 13 death row inmates on his way out the White House door.
Weve seen dictators love affair with the death penalty before.
On Feb. 27, 1933, four weeks after becoming German Chancellor and the day after the Reichstaag fire, Adolph Hitler had the death penalty authorized for arson. A month later, he had that decree applied retroactively to cover the date of the fire.
In the 1934 Soviet Union, dictator Josef Stalin, made the number of official executions a state secret in an effort to hide the full scope of his purges. With letat, cest moi absolutism, transparency about such things is unnecessary because neither it, nor life itself, is of value.
By contrast, in a country like ours, built on the principles of philosopher John Locke, individual life and liberty along with rationality, are ideals. Hence, from the start, there was something not quite right about the death penalty in America.
Benjamin Rush, one of the signers of the Declaration of Independence, described the death penalty as the natural offspring of monarchical governments . . . An execution in a republic is like a human sacrifice in a religion.
The finality of the death penalty has always made it seem anomalous in a society whose checks-and-balances constitution acknowledges human susceptibility to error. Capital punishment is the ultimate assertion of righteous indignation and undemocratic infallibility.
Today, those like Bryan Stevenson and Equal Justice Initiative, dramatized in the film Just Mercy, have shown that our court system makes more mistakes than it cares to admit. They also teach that death sentences fall unequally on people of color and deny dignity to executioners and executed alike.
To date, strongmen like Orban and Duterte have been unable to overcome abolition and use the death penalty on opponents. In years to come, were an autocrat to take power here, we would need multiple barriers to governments control over life and limb.
That is why our first openly abolitionist president needs to act as he said he would. Regrettably, Biden has both found himself on the wrong side of the Tsarnaev case and failed to end federal capital punishment.
As former Supreme Court Justice William Brennan once observed [W]hen the state punishes with death, it denies the humanity and dignity of the victim and transgresses the prohibition against cruel and unusual punishment. Ending capital punishment, Brennan continued, would be a great day for our country, and also for our Constitution.
It is time for Biden to heed Brennans admonition and to turn federal death row prisoners into lifers. Doing so would advance his agenda to restore and revitalize our democracy.
Austin Sarat (@ljstprof) is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College. He is author of numerous bookson America's death penalty, includingGruesome Spectacles: Botched Executions and America's Death Penalty. The views expressed here do not represent Amherst College.
Dennis Aftergutis a former federal prosecutor.
More here:
Ending the federal death penalty would bolster our democracy | TheHill - The Hill
- This Week in Democracy Week 37: Trump Goes Full Fascist and Denounces 'Enemy From Within' - Zeteo - October 4th, 2025 [October 4th, 2025]
- Citizens United and the Decline of US Democracy: Assessing the Decisions Impact 15 Years Later - The Roosevelt Institute - October 4th, 2025 [October 4th, 2025]
- Meet a RetrieverAnn Tropea, assistant director for engaged media with the Center for Democracy and Civic Life - UMBC - University Of Maryland,... - October 4th, 2025 [October 4th, 2025]
- 15 Years After Citizens United, Hows Our Democracy Doing? - The Roosevelt Institute - October 4th, 2025 [October 4th, 2025]
- Tending to the Garden of American Democracy is Hard and Thankless Work - Literary Hub - October 4th, 2025 [October 4th, 2025]
- Collier county students invited to enter 'Art for Democracy' contest - WGCU - October 4th, 2025 [October 4th, 2025]
- National Urban League Demands End to Shutdown That Threatens Americans and Democracy - National Urban League - October 4th, 2025 [October 4th, 2025]
- Pettit lectures on What, Why, and How of Democracy - tribtoday.com - October 4th, 2025 [October 4th, 2025]
- Democracy & Collaborative Governance in the Caribbean - PA TIMES Online - October 4th, 2025 [October 4th, 2025]
- A global legal coalition forms to defend judges, and democracy, from rising threats - Federal News Network - October 4th, 2025 [October 4th, 2025]
- Economic Concentration and Its Dual Threats to Democracy - promarket.org - October 4th, 2025 [October 4th, 2025]
- What the Gen Z protests in Nepal can teach the US about democracy - WBUR - October 4th, 2025 [October 4th, 2025]
- American democracy might not survive another year is Europe ready for that? | Alexander Hurst - The Guardian - October 2nd, 2025 [October 2nd, 2025]
- From Democracy to My Way or the Highway in Missouri - The American Prospect - October 2nd, 2025 [October 2nd, 2025]
- Claudia Sheinbaums first year: 5 key points on democracy and human rights - Washington Office on Latin America | WOLA - October 2nd, 2025 [October 2nd, 2025]
- Faculty debate the future of U.S. democracy - The Middlebury Campus - October 2nd, 2025 [October 2nd, 2025]
- Interdisciplinary Center for Law and Democracy launches with diverse student, academic programs - The Daily Texan - October 2nd, 2025 [October 2nd, 2025]
- Guinea and the Challenges for Social Democracy and the Left - CounterPunch.org - October 2nd, 2025 [October 2nd, 2025]
- SCOTUS Blocks Trumps Attempt to Fire Federal Reserve Governor, For Now - Democracy Docket - October 2nd, 2025 [October 2nd, 2025]
- Democratic Senator warns collapse of democracy is coming as shutdown grinds government to a halt - MSNBC News - October 2nd, 2025 [October 2nd, 2025]
- Trump Tells Top Military Brass to Prepare for War Against Enemy from Within - Democracy Docket - October 2nd, 2025 [October 2nd, 2025]
- Armenia is ready to follow the path of peace and democracy - coe.int - October 2nd, 2025 [October 2nd, 2025]
- Safeguarding Democracy: Addressing Polarization and Institutional Failures - The Fulcrum - October 2nd, 2025 [October 2nd, 2025]
- The Democracy Project loses third year of grant funding - Annenberg Media - October 2nd, 2025 [October 2nd, 2025]
- A Green Light for War Crimes? What Trump & Hegseths Lecture to Generals Really Means - Democracy Now! - October 2nd, 2025 [October 2nd, 2025]
- Transcript: David Lammy on the fight for democracy - Financial Times - October 2nd, 2025 [October 2nd, 2025]
- Jimmy returned and democracy won | Letters to the editor - Sun Sentinel - October 2nd, 2025 [October 2nd, 2025]
- Letter to the Editor: SAVE DEMOCRACY! VOTE NO ON PROP. 50 - Valley Roadrunner - October 2nd, 2025 [October 2nd, 2025]
- Exclusive: The 12 words that unraveled democracy at Second Baptist Church - Houston Chronicle - October 2nd, 2025 [October 2nd, 2025]
- Princeton must practice the democracy that it preaches - The Daily Princetonian - October 2nd, 2025 [October 2nd, 2025]
- The Roberts Court: Twenty Years of Democracy Undermined - CounterPunch.org - October 2nd, 2025 [October 2nd, 2025]
- Analysis: Are the lights going out on Georgian democracy as opposition parties face ban? - TVP World - October 2nd, 2025 [October 2nd, 2025]
- Global Democracy Is Failing. Will the US Save It or Kill It? - Bloomberg.com - September 30th, 2025 [September 30th, 2025]
- This Week at Democracy Docket: Texas Throws DOJ Under the Bus, and a New Role for a GOP Vote Suppressor - Democracy Docket - September 30th, 2025 [September 30th, 2025]
- Fareeds take: America is moving down the path of illiberal democracy - CNN - September 30th, 2025 [September 30th, 2025]
- Zohran Mamdani on Historic NYC Mayoral Run & Trumps Meddling in Election as Eric Adams Drops Out - Democracy Now! - September 30th, 2025 [September 30th, 2025]
- Democracy Beyond Citizenship: A Q&A Featuring the Parliament of Exiles Initiative in France - International IDEA - September 30th, 2025 [September 30th, 2025]
- Editorial: With mostly powerless voters, Illinois democracy hangs by an elongated thread - Chicago Tribune - September 30th, 2025 [September 30th, 2025]
- Prizes without freedom risk becoming trophies of hypocrisy Democracy and society - IPS Journal - September 30th, 2025 [September 30th, 2025]
- Pro-democracy work is already under pressure. The feud at Vote.org isnt helping. - Votebeat - September 30th, 2025 [September 30th, 2025]
- The Right to Recovery Is Essential to Democracy - Ms. Magazine - September 30th, 2025 [September 30th, 2025]
- The Manosphere Is Bad for Boys and Worse for Democracy - The Fulcrum - September 30th, 2025 [September 30th, 2025]
- The Moldovan parliamentary election: Chiinu has dodged the bullet this time, but dangers to democracy remain - European Union Institute for Security... - September 30th, 2025 [September 30th, 2025]
- The director Joshua Oppenheimer has become an unflinching chronicler of political violence and its psychic toll. In a world of increasing lawlessness... - September 30th, 2025 [September 30th, 2025]
- The Truth, Poverty And Democracy Tour Is Coming To A Mississippi City Near You - Black Enterprise - September 30th, 2025 [September 30th, 2025]
- What's wrong with America's democracy? There has never been one - Pearls and Irritations - September 30th, 2025 [September 30th, 2025]
- Influencers vs CSOs in a backsliding democracy: insights from the August protests - The University of Melbourne - September 30th, 2025 [September 30th, 2025]
- Celebrating democracy, Smoketown hosts We the People Palooza - WLKY - September 30th, 2025 [September 30th, 2025]
- The democracy void: why brands must step into the leadership gap - Campaign in Canada - September 30th, 2025 [September 30th, 2025]
- Civil society helps uphold democracy and provides built-in resistance to authoritarianism - The Conversation - September 28th, 2025 [September 28th, 2025]
- The Fraught Role of the Military in a Weakening Democracy - The Atlantic - September 28th, 2025 [September 28th, 2025]
- Julia Louis-Dreyfus has fighting for democracy in her blood, thanks to her father - CNN - September 28th, 2025 [September 28th, 2025]
- The 2026 mid-term elections, gerrymandering and democracy - | East Village Magazine - September 28th, 2025 [September 28th, 2025]
- The Parallel Twin Lives of Democracy - The Fulcrum - September 28th, 2025 [September 28th, 2025]
- GOP Operative Who Pushed to Cut Early Voting Will Help Oversee North Carolina Elections - Democracy Docket - September 28th, 2025 [September 28th, 2025]
- Is Georgia still willing to fight for its democracy? - The Spectator - September 28th, 2025 [September 28th, 2025]
- On the Left: The Republican challenge: The party or Democracy? - Daily Republic - September 28th, 2025 [September 28th, 2025]
- Community Is as Important to the Fight for Democracy as Everything Else - Ms. Magazine - September 28th, 2025 [September 28th, 2025]
- France has been 'dropping out of democracy' since 2017, warns an NGO report - Le Monde.fr - September 28th, 2025 [September 28th, 2025]
- Pro-democracy advocates worried over Trump overtures to Putin-friendly Belarus - Washington Times - September 28th, 2025 [September 28th, 2025]
- Iranians are 'sacrificing their lives' to protect democracy, says Iranian-American journalist - Fox News - September 28th, 2025 [September 28th, 2025]
- Jonathan Heawood: Regenerating the base layer of democracy local news - TribLIVE.com - September 28th, 2025 [September 28th, 2025]
- Opinion | If Only Wed Fight as Hard to Save Our Democracy as Ukrainians Are Fighting to Save Theirs - The New York Times - September 25th, 2025 [September 25th, 2025]
- Books on democracy and a string quartet, too - USC Today - September 25th, 2025 [September 25th, 2025]
- Democracy and Beauty: Finding hope and political power in aesthetics - YaleNews - September 25th, 2025 [September 25th, 2025]
- What former lawmakers reveal about the strain on American democracy - Brookings - September 25th, 2025 [September 25th, 2025]
- Damon Wilson on Cubas Path to Freedom at Directorios 35th Anniversary - National Endowment for Democracy - September 25th, 2025 [September 25th, 2025]
- The Democracy Emergency Coming From the Oil and Gas Industry (SSIR) - Stanford Social Innovation Review - September 25th, 2025 [September 25th, 2025]
- Political Violence Escalates: Charlie Kirks Assassination and the Fragility of Democracy - The Fulcrum - September 25th, 2025 [September 25th, 2025]
- The loss of free speech is the loss of democracy - The California Aggie - September 25th, 2025 [September 25th, 2025]
- Palestinian Statehood and the Race to Stop the Gaza Genocide - Democracy Now! - September 25th, 2025 [September 25th, 2025]
- Observatory Report: France: Dropping Out of Democracy. Obstructions to freedom of association and peaceful assembly - World Organisation Against... - September 25th, 2025 [September 25th, 2025]
- The Crucible of 2020 and the Birth of Democracy Docket - Democracy Docket - September 25th, 2025 [September 25th, 2025]
- DOJ Urges SCOTUS to End Key VRA Protection for Minority Voters - Democracy Docket - September 25th, 2025 [September 25th, 2025]
- Democracy is not just another ideology. Democracy is everyone's heritage and needs all democrats. Both the progressives and the conservatives.... - September 25th, 2025 [September 25th, 2025]
- Community is as important to the fight for democracy as everything else - The Contrarian - September 25th, 2025 [September 25th, 2025]
- The EU Must Revise Its Merger Guidelines To Strengthen Innovation, Security, and Democracy - promarket.org - September 25th, 2025 [September 25th, 2025]
- OPINION: We must come together again to stand up for democracy - The Labor Tribune - September 25th, 2025 [September 25th, 2025]
- The state of the US democracy: From immigration enforcement to funding cuts to cost of living - KPBS - September 25th, 2025 [September 25th, 2025]
- We Who Believe in Democracy Must Fight to Make It Real - Labor Notes | - September 25th, 2025 [September 25th, 2025]