Executive order restoring federal death penalty and expanding execution methods

January 20, 2025

Level

Multiple Guardrails

Founders' Principles Violated

Madison

Checks & balances bypassed. Executive action without Congressional authority.

Adams

Judicial independence and due process undermined.

Hamilton

Executive power exceeded constitutional limits.

Guardrails Violated

Congressional Authority

Congressional authority and oversight bypassed.

Separation of Powers

Separation of powers and constitutional balance between branches violated.

Constitutional Rights

Constitutional rights to life, liberty, and due process violated.

Trigger

President Trump signed Executive Order 14164 'Restoring the Death Penalty and Protecting Public Safety' on January 20, 2025, restoring federal death penalty and expanding execution methods, including authorization for firing squad and other methods.

Action Taken

Signed Executive Order 14164 on January 20, 2025 restoring federal death penalty and expanding execution methods. Order authorized use of firing squad and other execution methods in addition to lethal injection. Expanded federal death penalty to cover additional crimes. Critics argued the order bypassed normal legislative process and raised constitutional questions about cruel and unusual punishment. Multiple legal challenges filed.

In His Own Words

"We need to restore the death penalty to protect public safety."

"Criminals who commit heinous crimes deserve the ultimate punishment."

"The death penalty is a necessary deterrent."

What's Wrong

Executive order expanding death penalty and execution methods without Congressional authorization. Death penalty policy traditionally requires legislative action. Order bypassed normal legislative process and public debate. Expansion of execution methods raises constitutional questions about cruel and unusual punishment under Eighth Amendment.

Impact

Constitutional: Questions about Eighth Amendment protections against cruel and unusual punishment. Legal: Multiple lawsuits filed challenging the order. Institutional: Bypasses normal legislative process for capital punishment policy. Operational: Resumption of federal executions after moratorium.

Sources & Full Details

Primary Sources

https://www.britannica.com/topic/Major-Executive-Orders-Issued-by-U-S-Pres-Donald-Trump-During-His-Second-Term-of-Office

Background

Executive Order 14164 was signed on January 20, 2025, restoring federal death penalty and expanding execution methods. The order authorized use of firing squad and other methods in addition to lethal injection. Critics argued the order bypassed normal legislative process and raised constitutional questions about cruel and unusual punishment. Multiple legal challenges were filed.

Why Level 3?

Multiple guardrails bypassed: Congressional authority, separation of powers, constitutional rights. Expansion of execution methods raises Eighth Amendment concerns. Bypasses normal legislative process for capital punishment policy.