The America's Party platform, with which Tom Hoefling agrees, has some obvious and some not so obvious flaws, but overall it is a pretty good document. The Due Process clauses of the 5th and 14th Amendments were intended to prevent the death penalty from being imposed by government without a fair trial. They are not laws against murder, though I do agree the right to life of all is protected by the Declaration of Independence.
These imperfections are not the reason why I will not vote Tom Hoefling. A friend of mine interviewed Hoefling and asked about the war in Iraq. Hoefling said that he still thinks that the war was not a bad idea. This is a deal breaker for me. Over a million deaths, a trillion added to the national debt in a war which accomplished nothing. And you still think that it was worth it? I might vote for someone like that (literally holding my nose while I color in the square next to his name) if he was running for a state or local office. But this guy just isn't Presidential material. I will keep looking a for a better candidate.