Re: The Executive Branch
EDIT: Maybe the last part is the most germane to the discussion...
Regarding legality (and not morality), this seems totally illegal. The Eighth Amendment prohibition against cruel and unusual punishment probably covers death by energy blasts or psionic vegetablizing and whatnot.
Another issue (as Battlestaff says) is the lack of judicial review. The death penalty as a political and legal entity is supposed to be subject to substantial safeguard measures to prevent error (because *heh* it's kinda permanent (unless you happen to be Jean Grey)). At what point does the Executive Branch get called into action? And (much like the 80's thriller Star Chamber) can they be called off once they're on-mission?
This is not to say that public sentiment could not lead to a substantial expansion of what might properly be considered not "cruel and unusual," or when proper due process had been provided. (... the bipartisan "Vigilance Solution" Bill passed the House and Senate today. The bill, widely regarded as a legislative response to Dr. Leviathan's incineration of Topeka while a fugitive from justice, has broad public support. The President announced that he would sign the bill in a Rose Garden ceremony next Tuesday..."). Of course, once the hypothetical "Vigilance Solution" becomes law, villains-on-the-lam will be bringing in absentia challenges in the federal courts to the constitutionality of the law. My assessment is that in today's political climate, they'd win (probably 9-0 in the Supreme Court, 7-2 at most). The Constitution simply doesn't allow for this, as written and interpreted. Of course, when you're the GM, it's your world...