Posted on 03/16/2005 11:19:13 AM PST by Tailgunner Joe
You will notice that although our Founders looked to Roman Law (among others), laws passed by the Roman Senate and enforced by the Tribunes and Emperors ARE NOT law in the United States.
Up until recently we depended on Congress and the various state legislators to inform us of the state of American law.
Now, arch traitors like Justice Kennedy want us to bow down to foreign potentates and satraps.
It is time to remove the traitors and return to our own ancient traditions, and laws, and have our Congress and the legislatures debate and pass laws for our use.
I've read the decision and the dissents several times and because I have I know just how much balogna you are trying to pass off as roast beef.
And what everyone is ignoring the fact that in their ruling, the Supreme Court upheld the decision of the Missouri Supreme Court that executing Simmons was cruel and unusual.
And what you're ignoring, or purposely withholding, is the fact that the Missouri court based it's holding on Atkins, you guessed it, another law made by SCOTUS while the Simmons case was being litigated.
How can the Supreme Court be accused of making laws when it is upholding a lower court ruling?
Not only is the SCOTUS making law, so did the Missouri Supreme Court. Missori legislatore, duly elected by the people of Missouri, had laws on their books. The Missori judges, using SCOTUS' erroneous reasoning in Atkins, found a way to negate those laws and then the same SCOTUS upheld the Missouri courts relaince on, you guessed it, SCOTUS.
Most states in this country (60%)have already determined that offenders under 18 should not be executed.
I'm pretty good with numbers so I can make them dance every bit as good as you. 37 states have the death penalty, that would be the sample we are working with. Of those, 18 states have the legislating against the death penalty for people under 18. But that means 19, a majority, do not have laws prohibitng same. IOW's, SCOTUS' claim that there is a consensus is a damn lie.
AS for the rest of your "analysis", states make all the laws you cited. That is the power assigned to them by the Constitution, as is who getss the death penalty.
But admittedly, a terrible typist.
It is impossible for a person to determine whether or not a punishment is "cruel and unusual" without that person relying on his "personal bias."
great post. Yes, they should be impeached and "conservative" Republicans who can't see the judiciary is out of control are part of the problem.
The Supreme Court decision was erroneous because you said it was. Well, glad we got that straightened out. </sarcasm>
Not just me but the three conservatives on the court and the one moderate. The lefties and the libertarian trending toward insanity all voted with you.
And BTW, sarcasm isn't an argument. I take it you've waived the white flag.
The Constitutional threads die a quick death these days. Maybe even quicker than SS. :-}
It irritates me when I am provoked to sound like a red meat right wing antagonist. But, well, facts are facts. One must call them as one sees them.
You're the man! Honest as the day is long.
That makes sense, I guess. I'll take your word for it. Perhapsd I was thinking of the "circuit" judges - I could swear that was William, but perhaps it was there with the Celts, I don't know.
I have a rule in my practice against representing ancient Celts, so how was I to know?
I read it. Did you read Scalia's dissent?
Yes, as well as O'Connor's.
You should read Scalia's dissent. First, the majority of states with the death penalty DO allow execution of minors. This is highly relevant to the legal standard (bogus though it is) in question, that of "evolving standards od decency" which is examined in reference to a "national consensus". How is a minority opinion equated to a national consensus? As for how it is that the Court is making law, I won't presume that I could articulate it better than Scalia. His dissent is marvelous.
Doesn't the justices to UPHOLD AND DEFEND the Contitution of THE UNITED STATES OF AMERICA? sorry for screaming, that was for emphasis.
When people post me, I like internet shouting [perhaps not nonstop caps lock], especially when it's the Great Schlafly discussing impeachment of judges. Glad to see it. Passion and brains. Powerful combination.
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