I am not one.
If you would ascertain the meaning of legal documents in popular opinion rather than legal history, any US Amendment (or statute) might well outlaw or make mandatory any act.
The US Constitution references procedures for dealing with capital crimes, so it would be strange to inadvertently outlaw such procedures.
If memory serves me right, the Omnipotent Court-- I mean the Supreme Court--banned the death penalty in the past, unconstitutionally in my opinion, and this article even mentions the possibility of them doing that if it weren't for the current 6-3 conservative majority on the court.
I don't believe in the "living Constitution" either, but many in America do and accept the Supreme Court as our permanently-sitting, unelected constitutional convention...
Any court, even SCOTUS, operates in the long run by force of persuasion. Nonsensical decisions are sooner or later forgotten.
