Final answer:
The Eighth Amendment addressing cruel and unusual punishments, combined with the doctrine of standing, restricts Bertrand Bernier from challenging Texas's use of the death penalty because he lacks a direct connection or harm from the practice as a non-resident of the United States.
Step-by-step explanation:
The student's question pertains to Bertrand Bernier's ability to challenge the death penalty in Texas, despite living in France. The relevant constitutional amendment that would prevent him from doing so because he is not an American resident or citizen is the Eighth Amendment of the United States Constitution, which addresses cruel and unusual punishments. However, the exact restrictions on who can challenge a law in U.S. courts aren't detailed solely by the Eighth Amendment. The doctrine of standing requires that a person must have a sufficient connection to and harm from the law or action challenged to support that person's participation in the case.
In the case of Breard v. Greene, the International Court of Justice was noted as not having jurisdiction in capital punishment cases involving foreign nationals, meaning the average foreign citizen cannot challenge another country's legal procedures, such as capital punishment in the U.S., through their domestic courts.
Moreover, the Supreme Court has ruled in cases like Kennedy v. Louisiana that the death penalty is unconstitutional in all cases that do not involve murder or crimes against the state. Additionally, Bucklew v. Precythe demonstrates ongoing debates regarding what constitutes cruel and unusual punishment, but these debates generally occur within the context of U.S. citizens or entities challenging the practice.