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How can we determine whether each manner of death is a fundamental right protected by the constitution?

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Final answer:

The constitutionality of each manner of death and whether it is protected as a fundamental right is determined by Supreme Court interpretations of the Constitution and its amendments, with consideration to the balance between individual rights and governmental duties.

Step-by-step explanation:

To determine whether each manner of death is a fundamental right protected by the constitution, we look to the interpretations of the Constitution and the rulings of the Supreme Court. The courts balance individual rights with the government's responsibility to govern and serve broader societal purposes. For instance, although the courts have upheld the constitutionality of the death penalty, as seen in Jurek v. Texas and Gregg v. Georgia, they also impose limits to protect certain groups, such as individuals with cognitive disabilities or minors, as mentioned in subsequent rulings.

When evaluating the protection under the Bill of Rights, scenarios must be compared to the Amendments and court interpretations. It is important to recognize that constitutional principles are flexible and can be utilized to support different sides of a political argument.

Cases like Proffitt v. Florida and Bucklew v. Precythe exemplify how the Supreme Court's interpretation evolves along with society's views on issues such as capital punishment. However, the limits solidify that certain methods or applications of the death penalty may be unconstitutional, highlighting the continuous role of judicial oversight.

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