said by pnh102 :

Things like the Kelo decision, getting rid of the death penalty for minors, requiring the PGA to allow for exceptions for physically unqualified athletes and other such rulings have no basis in the Constitution, but are law now nonetheless.

said by Maxo :

The death penalty ruling is the courts exercising their duty to interpret the Constitution Amendment 8, "nor cruel and unusual punishments inflicted." They can define cruel and unusual punishment however they want.

said by Maxo :

I know nothing about the basis of the physically unqualified athletes case, but I'm sure if you read the judges rulings they filed it explains that basis of their reasoning for that decision.

said by pnh102 :

Except when the Constitution makes very clear that a person may be deprived of life through due process of law. As a result, the death penalty is not "cruel and unusual" punishment. Look at this another way. There are 12 states which do not impose the death penalty for any crime. An activist opinion on the Supreme court say, with full legality, that these bans are illegal and these states must impose the death penalty.

said by Maxo :

Last time I checked the US still implements the death penalty.