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The Court is split because some of the justices are conservative, believing the Constitution is not intended to ban school prayer and capital punishment, while others are progressive, believing school prayer is a violation of the First Amendment Establishment Clause, and the death penalty is a violation of the Eighth Amendment prohibition against cruel and unusual punishment.

The Supreme Court's inability to agree on Constitutional interpretation speaks to two issues: 1) The Constitution is deliberately vague on the meaning of Amendments in the Bill of Rights; and 2) Supreme Court justices, being human, view the intent of the document through the filter of their personal ideologies.

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Q: Why is the US Supreme Court split on such issues as school prayers and the death penalty?
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