Stacking the jury with only jurors who would choose the death penalty violates the Sixth Amendment because it is not an impartial jury or a cross-section of the community. Decided June 3, 1968 (argued April 24, 1968). Opinion of the Court: Potter Stewart → go there Dissenting: Black, White. Applied: the Sixth Amendment → go there Applied: the Fourteenth Amendment → go there Topic: Capital punishment. Witherspoon v. Illinois, 391 U.S. 510 (1968), was a U.S. Supreme Court case where the court ruled that a state statute providing the state unlimited challenge for cause of jurors who might have any objection to the death penalty violated the constitutional right to an impartial jury. Wiki link