Answer:
Step-by-step explanation:
The text of the Constitution itself does not explicitly state whether or not capital punishment is constitutional. The Fifth Amendment mentions "capital crime" as a possible reason for someone to be deprived of life, but it does not necessarily endorse capital punishment as a form of punishment. The Eighth Amendment prohibits "cruel and unusual punishments," which could potentially include capital punishment, depending on one's interpretation.
Therefore, it is difficult to say which side has the better argument based solely on the text of the Constitution. Both sides can make reasonable arguments based on their interpretations of the Constitution.
As for the proposal that made reference to "capital crimes" in the Fifth Amendment and a ban on capital punishment in the Eighth Amendment, it is not necessarily contradictory. The Fifth Amendment allows for the possibility of capital punishment, but it does not require it. The Eighth Amendment prohibits "cruel and unusual punishments," which could potentially include capital punishment if it is deemed to be cruel or unusual. So, it is possible for someone to argue that while capital punishment may be allowed in some cases, it should be banned as a cruel and unusual punishment.