"The Death Penalty & the Dignity Clauses"

Interesting new paper connecting the use of "dignity" in current equal protection jurisprudence and the like with the death penalty. Justice Kennedy is particularly concerned with dignity, but as suggested by my reply, not just him. Open-ended things like "unreasonable" searches, "cruel" or what "equality" means require standards and "dignity" is a concept that is used here. Also, no, the 5A doesn't prove the death penalty is constitutional.