Saturday, June 28, 2008

Unconstitutional Supreme Court Decision on Child Rape Death Penalty

One of the few good things about the Bush Administration's Supreme Court appointments was that they were supposed to herald an end to the activist judiciary. The activist judiciary is a fundamentally unconstitutional and undemocratic institution, as lifetime appointed officials creating their own laws is something out of medieval Europe and has no place in a Democratic America. Nevertheless that's exactly what we have and if for a while Justice Roberts seemed to have a moderating influence on the Supreme Court, Justice Kennedy seems to have gone power mad lately and we now seem set for a bunch of increasingly activist decisions.

Case in point the latest SCOTUS ruling striking down a Louisiana law that allows the execution of people convicted of a raping a child. Now that law might arguably go too far, that is something for the voters, the legislature and the courts of Louisiana to decide. Striking it down as cruel and unusual punishment is extremely dubious to say the least. The misuse of cruel and unusual punishment was how the Supreme Court illegally and unconstitutionally barred the death penalty in the first place.

Now only is this latest Supreme Court decision a blatant violation of States Rights, but it once again puts the Supreme Court in the position of playing veto nanny to half the country by stretching the Constitution to mean exactly what it does not. The death penalty as applied today is clearly not what was meant by either cruel and unusual punishment. Neither is a so-called disproportionate use of the death penalty itself cruel and unusual. Disproportionate and cruel and unusual are not the same thing.

Now the Supreme Court has ruled that the death penalty is cruel and unusual punishment for anything but premeditated murder. The Court is willfully abusing the eight amendment and dragging out the old 1958 Trop vs Dulles "Evolving Standards of Decency" crap, itself one of old crazy Justice Earl Warren's decisions that categorized removing someone's citizenship as cruel and unusual punishment and created an endless slippery slope that allowed justices of the Supreme Court to characterize absolutely any damn thing they pleased as Cruel and Unusual Punishment... so long as they could claim it fit under "evolving standards of decency."

If the Supreme Court can't control its worst instincts to legislate law, instead of manufacturing it, maybe it's time to bring back good old FDR style court packing again.


Keli Ata said...

I don't know if I'd be for the death penalty for child rape (I'd have to mull that over) but ruling it out for all but capital (premeditated) murder means a lot of cold blooded killers lucky enough to have their charges reduced to second-degree murder means these people could potentially be released on parole in 25-years.

Keli Ata said...

But yes, activist supreme courts altering their rulings based on every whim of society is disgusting.

Talk about a "star chamber."

Lemon said...

I think it is a great penalty for child rapists and should be instituted as mandatory.

They destroy a child's entire life.

Anonymous said...

Let voters decide-not the bench.

Yobeeone said...

I'm with Lemon. Once more it's back to protecting the villain, calling his punishment cruel and unusual, when the devastation inflicted on the child is unsurpassed.

I think all rapist should be given the death penalty...preferably in the cruelist fashion known to man.

And no. I don't believe in mercy for villains.

E said...

To even argue that taking the life of a person, who would so gruesomely take the innocence of a child or a adult, is what makes this world so crazy.
So in turn we have jails full of rapists and murderers who may or may not have planned to take the life of their victims. In jail(while awaiting their release date) they become more harded and evil. It's no wonder the national recitivism rate is over 70% for either the same crime or a worse crime commited within 3 years of release.
Instead of theses activist judges making ridiculous decisions, they should really look at what is the only proven thing to stop violent crime. Start killing violent offenders and crime WILL go down. 99% of all convicted murders plea for life in prison over the death penalty.

Anonymous said...

Disgusting, the only reason the law was changed is to protect people in power when they are eventually caught, this is not about the general public!

Our nation has lost it's way, we are on the fast-track to hell!

Rhonda Fleming
Cleveland, Ohio
Sister of murdered Durham NC victim Allen Jackson Croft Jr, May 11, 2005 and STILL UNRESOLVED!

Luv4Zion said...

What gets me is that it's cruel and unusual punishments for rapists and many murderers, but what about their victims? What about the cruel and unusual punishment that these monsters inflicted on their innocent victims? I believe that punishment for murder, child rape, and other heinous crimes needs to be shift and harsh.

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