[Luis Gonzalez]

"Unless the criminal has been charged under federal law (which in fact there shouldn't be federal laws for murder, etc. if it doesn't involved a federal official) the issue is up to the separate and sovereign states. "

You are dead wrong.

U.S. Constitution Article 6 -- This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

U.S. Constitution Amendment VIII - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

U.S. Constitution Article 3, Section 2 - The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution.

This case was brought to the Federal Court, by a citizen of the United States claiming that the manner of death proscribed by the State constitutes cruel and unusual punishment, and thus prohibited to any State by the U.S. Constitution...the Supreme Law of the Land.

The Supreme Court has Constitutional jurisdiction over this case.

Your argument would in fact set up a situation where a State could freely violate a citizen's Constitutional rights under the guise of State's Rights...no State has the right to violate the Constitutional rights of its citizens.

[billbears]

You are dead wrong.

Post 1925 perhaps I am. However under the intent of the Constitution and the Framers, the Amendments applied only to the citizens of the respective states in accordance to their relationship with the national government.

Even under the Fourteenth Amendment the 8th Amendment to the Constitution was not 'incorporated' until 1925

Your argument would in fact set up a situation where a State could freely violate a citizen's Constitutional rights under the guise of State's Rights...no State has the right to violate the Constitutional rights of its citizens.

Hmmm, what did SCOTUS say in Pervear (1866)? Let me quote it for you shall I?

"Of this proposition it is enough to say that the article of the Constitution relied upon in support of it does not apply to State but to National legislation."

Only after 1925, after an activist Court 'found' this limitation on the states did the 8th Amendment apply at the state level.

But I do realize 'conservatives' support activist courts when it suits their needs, eh?