“What will be left of the power of example if it is proved that capital punishment has another power, and a very real one, which degrades men to the point of shame, madness, and murder?”

Reflections on the Guillotine (1957)

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Albert Camus 209
French author and journalist 1913–1960

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“The head of Christians does not, as a rule, have power to punish secular wrongs with a capital penalty and other bodily penalties and it is for thus punishing such wrongs that temporal power and riches are chiefly necessary; such punishment is granted chiefly to the secular power.”

William of Ockham (1285–1349) medieval philosopher and theologian

"A Letter to the Friars Minor" (1334) as translated in A Letter to the Friars Minor and other Writings (1995) edited by A. S. McGrade and John Kilcullen, p. 204.
Context: The head of Christians does not, as a rule, have power to punish secular wrongs with a capital penalty and other bodily penalties and it is for thus punishing such wrongs that temporal power and riches are chiefly necessary; such punishment is granted chiefly to the secular power. The pope therefore, can, as a rule, correct wrongdoers only with a spiritual penalty. It is not, therefore, necessary that he should excel in temporal power or abound in temporal riches, but it is enough that Christians should willingly obey him.

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“Capital punishment is the most premeditated of murders”

Reflections on the Guillotine (1957)
Context: Capital punishment is the most premeditated of murders, to which no criminal’s deed, however calculated, can be compared. For there to be an equivalency, the death penalty would have to punish a criminal who had warned his victim of the date on which he would inflict a horrible death on him and who, from that moment onward, had confined him at his mercy for months. Such a monster is not to be encountered in private life.

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“Power with God will be the gauge of real power with men.”

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“History is not a web woven with innocent hands. Among all the causes which degrade and demoralize men, power is the most constant and the most active.”

John Dalberg-Acton, 1st Baron Acton (1834–1902) British politician and historian

As quoted in Essays on Freedom and Power, Introduction, p. xlvii (1949) https://mises.org/sites/default/files/Essays%20on%20Freedom%20and%20Power_3.pdf

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“But all legislative powers appertain to sovereignty. The original power of giving the law on any subject whatever is a sovereign power […] All admit that the Government may legitimately punish any violation of its laws, and yet this is not among the enumerated powers of Congress. The right to enforce the observance of law by punishing its infraction might be denied with the more plausibility because it is expressly given in some cases. Congress is empowered "to provide for the punishment of counterfeiting the securities and current coin of the United States," and "to define and punish piracies and felonies committed on the high seas, and offences against the law of nations." The several powers of Congress may exist in a very imperfect State, to be sure, but they may exist and be carried into execution, although no punishment should be inflicted, in cases where the right to punish is not expressly given. Take, for example, the power "to establish post-offices and post-roads." This power is executed by the single act of making the establishment. But from this has been inferred the power and duty of carrying the mail along the post road from one post office to another. And from this implied power has again been inferred the right to punish those who steal letters from the post office, or rob the mail. It may be said with some plausibility that the right to carry the mail, and to punish those who rob it, is not indispensably necessary to the establishment of a post office and post road. This right is indeed essential to the beneficial exercise of the power, but not indispensably necessary to its existence. So, of the punishment of the crimes of stealing or falsifying a record or process of a Court of the United States, or of perjury in such Court. To punish these offences is certainly conducive to the due administration of justice. But Courts may exist, and may decide the causes brought before them, though such crimes escape punishment. The baneful influence of this narrow construction on all the operations of the Government, and the absolute impracticability of maintaining it without rendering the Government incompetent to its great objects, might be illustrated by numerous examples drawn from the Constitution and from our laws. The good sense of the public has pronounced without hesitation that the power of punishment appertains to sovereignty, and may be exercised, whenever the sovereign has a right to act, as incidental to his Constitutional powers. It is a means for carrying into execution all sovereign powers, and may be used although not indispensably necessary. It is a right incidental to the power, and conducive to its beneficial exercise.”

John Marshall (1755–1835) fourth Chief Justice of the United States

17 U.S. (4 Wheaton) 316, 409 and 416-418. Regarding the Necessary and Proper Clause in context of the powers of Congress.
McCulloch v. Maryland (1819)

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“The exception is more interesting than the rule. The rule proves nothing; the exception proves everything. In the exception the power of real life breaks through the crust of a mechanism that has become torpid by repetition.”

Carl Schmitt (1888–1985) German jurist, political theorist and professor of law

Source: Political Theology: Four Chapters on the Concept of Sovereignty

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