The government was established with the understanding that federal governance and state governance is separate. The supremacy clause states that when two laws, state and federal, conflict with one another, federal supersedes the state. The problem is that federal law DOES NOT conflict here, because there isn't one. Congress is attempting to enact a statue that WILL conflict with the state, therefore overriding it. That's an abuse of power in my opinion.
Touching on "cruel and unusual", where does the line stand on this issue? If someone cannot breathe on their own, but will take several hours to die if removed from a respirator, is this "cruel and unusual"? I'm not so sure.
Thank you. That's very concise and helpful for this layman (er, woman). So how come state-convicted death penalty inmates get federal review?
Any idea whether there any precedent where the Supreme Court found a state law in violation of federally protected civil rights and therefore unconstitutional?
In fact, didn't they just do this in their ruling about juvenile death row convicts?