[billbears]

Contrary to your cracked head, the Constitution is much more than that. It's very essence is it's guarantee of individual rights, the right to life preeminent among those.

Individual rights protected from the national government. And the 5th Amendment does not apply because that speaks specifically to prisoners

State powers do NOT trump individual rights

She was not deprived of any of her rights under the 5th or the 14th. They could have gone through the entire process again by twisting the 14th. The decision would have been the same.

Of course it is because you have no conception of individual rights and the Constitution and federal government as guarantor of same.

That's right. 'Conservatives' are well on their way to destroying the very limitations the Framers put on the national government to get your way. But it will be the 'conservative' way so it's alright. Of course you'll have to ignore 200 years of precedent to get it, but no mind.

State ordered death sentences are subject to judicial review at the federal level. Period. Those that oppose that are ignorant of the Constitution, American jurisprudence and individual rights in general. Evidently, you fit that description.

And the precedent for this is where again? And it wasn't a 'state ordered death sentence', but thanks for the hyperbole. As for 'ignorant of the Constitution', it seems again Scalia disagreed with your opinion in the Cruzan decision. Is he 'ignorant of the Constitution' as well? Of course I realize presenting facts from Constitutional scholars won't change your opinion because facts don't matter right?

Your very stance is one of the many reasons Republican candidates are on my list to question harshly. The way the partisan hacks in Washington pandered to your misinformed opinion of what the business of the national government should be was disconcerting. Thank God most of them have realized their mistake and backed off that opinion

[robertpaulsen]

"The way the partisan hacks in Washington pandered to your misinformed opinion of what the business of the national government should be was disconcerting."

Equally true for the "conservative" talk show hosts. I actually couldn't listen to them -- they sounded like AirAmerica.

[RobbyS]

States rights should not be regarded as absolute, except in a few cases. such as the right to maintain their borders.

[jwalsh07]

You don't understand the court order or the holding of the 2nd DCA, you don't understand the 5th Amendment (clue: it is not about the rights of prisoners, it is about the rights of persons) and you have no conception of powers and rights. You're hoplessly deluded into thinking that you are the "true conservative" for whatever reason. I suspect, however, if the State orders your death, you will be screaming to the high heavens for your Constitutional rights and federal review.

[jwalsh07]

PS: You don't understand Scalias holding in Cruzan either. Scalia held that there was nothing in the Constitution proscribing a state from preventing one of their citizens from killing themselves. There is something in the Constitution about the right to life and due process. Federal judicial review of State ordered death sentences is part of that due process.

Did I spell everything OK?

[Terriergal]

The way the partisan hacks in Washington pandered to your misinformed opinion of what the business of the national government should be

Protecting the lives of its citizens maybe?