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Mexico asks World Court to stay executions in US
AP via SFGate ^ | 6/5/8 | ARTHUR MAX, Associated Press Writer

Posted on 06/05/2008 1:05:45 PM PDT by SmithL

AMSTERDAM, Netherlands (AP) --

Mexico appealed to the U.N.'s highest court Thursday to block the executions of Mexicans in the United States, arguing U.S. officials have failed to comply with a judgment ordering a review of their trials.

The International Court of Justice said Mexico asked the court for an "interpretation" of an earlier ruling to clarify its meaning when it asked the U.S. to "review and reconsider" the cases of the condemned prisoners.

Until that can be done, Mexico said the United States "must take any and all steps necessary" to ensure that none of its citizens is executed, and asked the court to take urgent measures to intercede.

The court, informally known as the World Court, ruled in 2004 that the convictions of some 50 Mexicans on death row around the United States violated the 1963 Vienna Convention, which provides that people arrested abroad can have access to their home country's consular officials.

The court, which sits in The Hague, said the Mexicans should have new hearings in U.S. courts to determine whether the violation affected their cases.

President Bush accepted the judgment and asked state courts to review the cases. Texas refused.

Jose Medellin, a 33-year-old inmate condemned in the gang rape and murder of two teenage girls 15 years ago, appealed to the U.S. Supreme Court on the basis of the World Court's ruling.

The Supreme Court rejected the appeal March 25, saying Bush had overstepped his authority when he ordered the courts to carry out the decision from The Hague and review the prisoners' cases.

The Constitution "allows the president to execute the laws, not make them," said the majority opinion.

Medellin's execution has been set for Aug. 5.

(Excerpt) Read more at sfgate.com ...


TOPICS: Foreign Affairs; Front Page News; Mexico; Politics/Elections; US: Texas
KEYWORDS: deathpenalty; deathrow; icj; josemedellin; medellin; scotus; tookietime; worldcourt
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To: normy
The UN has no jurisdiction in State matters and the US should not be usurping State authority by signing treaties it can’t enforce.

I refer you to Article VI:

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, anything in the Constitution or laws of any State to the contrary notwithstanding."

Any such treaties that assign a legal jurisdiction in the U.S. higher than the U.S. Supreme Court to any other entity (such as the U.N. and its constituent courts) are unconstitutional, plain and simple. Treaties that contradict the Constitution are not valid. In addition, as the "supreme law of the land," no legislation or legal decisions can violate the Constitution.

I also refer you to Article III, Section 2, which states:

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases...between a state, or the citizens thereof, and foreign states, citizens or subjects.

The only judicial power applicable to the Mexican nationals in question, per the U.S. Constitution, is that of the U.S. So, maybe they should have access to Mexican consular officials, but, as they have been tried and convicted in proper accordance with U.S. law, the Mexicans can not use the U.N. to stay the executions without violating our sovereignty, since the U.N. courts have no jurisdiction over crimes committed within the U.S.

Of course, they will continue to whine about us supposedly violating their sovereignty.

21 posted on 06/05/2008 1:27:03 PM PDT by rabscuttle385 (History is a story written by the finger of God. — C.S. Lewis)
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To: Right Cal Gal
I was just thinking if Obama will order all executions stopped completely. As president, he can do a lot of damage to the judicial process, by commuting all the death sentences.

Boy, when I think of the damage somebody like Obama can do, it is really scary. And of course, McCain does not warm my heart, he is scary also, but in a different way.

22 posted on 06/05/2008 1:27:20 PM PDT by rawhide
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To: rabscuttle385

very nice.


23 posted on 06/05/2008 1:30:30 PM PDT by normy (Don't take it personally, just take it seriously.)
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To: Harrius Magnus

“BHO is all ears when it comes to the UN”

Don’t you know you can’t talk about his ears?

You’re totally right about his intentions.


24 posted on 06/05/2008 1:30:44 PM PDT by wolfcreek (I see miles and miles of Texas....let's keep it that way.)
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To: SmithL

Mexico has executions, they’re just carried out on a whim by the drug lords rather than by the state after a fair trial.


25 posted on 06/05/2008 1:33:21 PM PDT by informavoracious (Freedom Isn't Free)
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To: rom

Supposedly, the President made a jester of goodwill to the Mexicans by asking Texas to reconcider the executions. But hell, who knows?


26 posted on 06/05/2008 1:35:55 PM PDT by wolfcreek (I see miles and miles of Texas....let's keep it that way.)
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To: reagan_fanatic
The U.S., in turn, should file a motion with the World Court to order Mexico to keep its own damned citizens on its own damned side of the border.


Best idea I've heard all year!!
27 posted on 06/05/2008 1:45:28 PM PDT by Deo volente
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Comment #28 Removed by Moderator

To: SmithL

This will give Bush another chance to side with Mexican criminals against the people of the United States.


29 posted on 06/05/2008 2:04:55 PM PDT by SUSSA
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To: SmithL

Maybe the World Court can order the cessation of executions of police officers in Mexico.


30 posted on 06/05/2008 2:09:16 PM PDT by RightWhale (We see the polygons)
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To: SmithL

At least their criminals in our country have had the right to a fair trial before sentencing. That’s a privelege Americans murdered by Mexicans criminals here illegally never had.


31 posted on 06/05/2008 2:18:29 PM PDT by E. Cartman (Better to have your enemy before you than beside you or behind you.)
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To: SmithL

The number of Americans murdered in Mexico every year (42 on average) is nearly equal to the total number of Mexicans on American death rows. When is the UN going to protect them?


32 posted on 06/05/2008 2:19:44 PM PDT by denydenydeny (Expel the priest and you don't inaugurate the age of reason, you get the witch doctor--Paul Johnson)
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To: theDentist
Execute, drive carcasses to border, throw it over with a note (in Spanish, of course): “This is what happens to murderers, rapists, pedophiles.” etc.

Or set up scaffolds at popular crossing areas and "blood-eagle" the condemned upon them. I think that would curb ILLEGAL ENTRY/INVASION quite a bit.

These threads just aren't the same without dane.

;-)

33 posted on 06/05/2008 2:25:11 PM PDT by Grizzled Bear ("Does not play well with others.")
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To: informavoracious
Mexico has executions, they’re just carried out on a whim by the drug lords rather than by the state after a fair trial.

The Federales also carry out summary executions. Off course the Federales are owned by the drug lords...

34 posted on 06/05/2008 2:27:34 PM PDT by Grizzled Bear ("Does not play well with others.")
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To: wolfcreek
"Supposedly, the President made a jester of goodwill to the Mexicans by asking Texas to reconcider the executions."

Was looking like a fool the GESTURE that Bush was looking for?

Appeasing the criminals in Mexico is a fool's errand.

35 posted on 06/05/2008 2:36:29 PM PDT by RasterMaster (Rudy McRomneyson = KENNEDY wing of the Republican Party)
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To: SmithL
Jose Medellin, a 33-year-old inmate condemned in the gang rape and murder of two teenage girls 15 years ago

trying to give a damn... How come Mexico can't fight this hard to clean up their own country?

36 posted on 06/05/2008 2:36:44 PM PDT by John123 (Obama said that he has been in 57 states. I will now light myself on fire...)
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To: SmithL
Until that can be done, Mexico said the United States "must take any and all steps necessary" to ensure that none of its citizens is executed,

I agree. Except that I think it's Mexico's responsibility to "take any and all steps necessary" to keep their criminals in their own country. Then it can be guaranteed they won't be executed in the US.

37 posted on 06/05/2008 2:45:22 PM PDT by The_Victor (If all I want is a warm feeling, I should just wet my pants.)
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To: RasterMaster
Just spreading the *cheer* before someone else ruins the party. I hate globalist pricks.
38 posted on 06/05/2008 2:47:12 PM PDT by wolfcreek (I see miles and miles of Texas....let's keep it that way.)
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To: SmithL

Baghdad...........Tehran............Mexico City


39 posted on 06/05/2008 2:47:20 PM PDT by doug from upland (Stopping Hillary should be a FreeRepublic Manhattan Project)
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To: SmithL
Until that can be done, Mexico said the United States "must take any and all steps necessary" to ensure that none of its citizens is executed, and asked the court to take urgent measures to intercede.

Uh, good luck with that...we're talking about Texas here, not California....

40 posted on 06/05/2008 2:48:53 PM PDT by absalom01 (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.)
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