When is the earliest that the United States Supreme Court could have struck down the Death Penalty in all 50 States at Violating the 8th Amendment of the United States Constitution "Cruel and Unusual Punishment shall not be inflicted".
When is the earliest that the United States Supreme Court could have struck down the Death Penalty in all 50 States at Violating the 8th Amendment of the United States Constitution "Cruel and Unusual Punishment shall not be inflicted".
They did it in 1964 but reinstated it in the 70s. If the original decision had stuck, we always have 1964 as an obvious choice.
However, in the early 19th century, Michigan abolished the death penalty and has not since reinstated it. One such possibility is that it's struck down as part of a sweeping reform right after the Civil War, especially if the idea catches on in a number of northern states and several Justices are so inclined.
It may be a reach, but if summary executions are a concern after the Civil War, an amendment may be introduced to abolish the death penalty alongside the other postwar amendments. This bypasses SCOTUS altogether and codifies the death penalty as off limits.
If you had had Democratic Presidents and Senate from 1968 onwards, more likely the original decision would have stuck?.
It could certainly be abolished pretty early -plenty of the founders abhorred capital punishment- but the key is there's going to need to be something to replace it. It would be a serious financial commitment to house, feed, and clothe many of those that would have been otherwise executed and the states might not like that.
They did it in 1964 but reinstated it in the 70s.