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Cruel Court
IBD Editorials ^ | June 25, 2008

Posted on 06/25/2008 5:10:01 PM PDT by Kaslin

Crime And Punishment: By 5 to 4, the Supreme Court has ruled capital punishment for child rapists unconstitutional. An Obama presidency will only expand the cruel and unusual majority that decides so many cases.


Reasonable people can disagree as to whether the sexual assault of children, along with other despicable non-homicidal crimes — torture, say, or treason — warrant the death penalty.

What is unreasonable is to dictate that the people, through their elected representatives, may not decide for themselves which of those horrific crimes deserve payment of the ultimate price.

In Wednesday's Patrick Kennedy v. Louisiana ruling, Justice Anthony Kennedy, writing for himself and the usual other four left-leaning members of the high court, pronounced that "the death penalty is not a proportional punishment for the rape of a child."

The liberal majority based this sweeping ruling on the supposed formation of "a national consensus" that executing child rapists is never acceptable, plus what Kennedy called "the evolving standards of decency that mark the progress of a maturing society."

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


TOPICS: Editorial; Government
KEYWORDS: deathpenalty; judiciary; scotus; supremecircus
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1 posted on 06/25/2008 5:10:01 PM PDT by Kaslin
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To: Kaslin
I'd tell Anthony Kennedy, if it was to me I'd throttle a child rapist with my bare hands. Its my definition of being "decent." Such scum doesn't deserve to live. And I defy liberals to stop me!

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

2 posted on 06/25/2008 5:12:11 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Kaslin
In another power grab, Justice Anthony Kennedy has perceived an evolving standard and now asserts that this shifting standard should be elevated to the level of an enduring constitutional principle; a principle that is now so certain and unquestionable that the people through their elected representatives should no longer be allowed a say on the issue. Just like his opinion on the Juvenile Death Penalty where he looked around the world and saw an evolving standard that trumped the American standard and the will of the people. The hubris involved in Kennedy’s belief that his thoughts are so superior to everyone else’s should disqualify him from sitting on the bench of even a municipal court let alone the highest court in the land.

To claim that the death penalty for child rape is disproportionate to the crime is to misunderstand the reason we formed a government. Governments are formed as a cooperative means of self-defense since few of us as individuals can protect ourselves from groups of domestic thugs let alone protect what is ours from foreign aggressors. Locking criminals up is one way to protect society, but deterring potential criminals is also a legitimate function of government.

The court still considers the death penalty appropriate for some crime; therefore it does not follow that it can violate the VIII amendment prohibition against “cruel and unusual punishments.” The death penalty is either cruel or unusual under all circumstances or it is not. Whether the death penalty for child rape is disproportionate is for our legislative leaders to determine after we the people elect them to office.

The reason we have a Constitution is to frame the debate in such a way that important principles are not forgotten in the passion of the moment, and that changes are reviewed by the different branches to assure that they are well considered. What Kennedy wants is to make the Courts the engine of change and to then impose that changes quickly and without consultation.

To use an evolving standard is to jump out in front of the people and assert where they should be and that the new standard can never shift in another direction. The Court adhering to the Constitution should really be more of an anchor holding us firm to what has traditionally been important so that the people evolving in new and untested directions do not forget it. The Court should not be in the vanguard leading the charge where five Justices make decisions for everyone else.

3 posted on 06/25/2008 5:14:19 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: Kaslin

Just two words
General population!
Jack


4 posted on 06/25/2008 5:21:36 PM PDT by btcusn
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To: btcusn

There you go


5 posted on 06/25/2008 5:23:46 PM PDT by Kaslin (Vote Democrat if you like high gas prices at the pump)
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To: btcusn

I predict that the court will continue by striking down one by one the cases in which capital punishment is not permitted. They had already banned the death penalty for anyone under 18 years of age. Now they are banning it in cases of child rape. They are going to so narrowly define when capital punishment is not allowed, that only a future Timothy McVeigh may be eligible for a death sentence.


6 posted on 06/25/2008 5:24:47 PM PDT by Dilbert San Diego
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To: Kaslin
Constitutional admemement
7 posted on 06/25/2008 5:29:19 PM PDT by Charlespg (Peace= When we trod the ruins of Mecca and Medina under our infidel boots.)
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To: Libertarianize the GOP
"The Court should not be in the vanguard leading the charge where five Justices make decisions for everyone else."

Too late now. These five legal hacks in black robes have now ensured that the SCOTUS is joined with the other two branches of government as inept, incompetent and corrupt. All five deserve to be horsewhipped and removed from office. They are a complete and total disgrace. Having now gotten away with a packet of horrible decisions, they have tasted the power of the left-wing majority and will continue until forced to stop.

8 posted on 06/25/2008 5:29:59 PM PDT by Czar ( StillFedUptotheTeeth@Washington)
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To: goldstategop
If the guy (Kennedy) wants "proportionality" we can all think of things far worse than the mere death penalty.

A practical research program can begin operation tomorrow morning.

9 posted on 06/25/2008 5:34:36 PM PDT by muawiyah (We need a "Gastank For America" to win back Congress)
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To: Dilbert San Diego

You are so right. Soon we won’t be able to execute anyone, not even the McVeighs or Islamic terrorists.


10 posted on 06/25/2008 5:35:03 PM PDT by FFranco
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To: goldstategop
if it was to me I'd throttle a child rapist with my bare hands

It is up to you. Government only has the powers you delegate to it. You may choose to reclaim any of the power you have delegated.

This decision is not a reflection that our nation is "evolving", but rather that it is devolving. Whenever any form of government becomes destructive in this way, it is the right of the People to abolish it.

Depending upon the outcome of the Heller case tomorrow, a great number of people may very well be surprised at just how fragile this nation is. This will either be the final nail in the coffin of the Republic, or a rebirth of liberty.

11 posted on 06/25/2008 5:36:09 PM PDT by Technogeeb
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To: Kaslin

That decision is wrong.


12 posted on 06/25/2008 5:37:42 PM PDT by yldstrk (My heros have always been cowboys--Reagan and Bush)
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To: Czar
Too late now. These five legal hacks in black robes have now ensured that the SCOTUS is joined with the other two branches of government as inept, incompetent and corrupt. All five deserve to be horsewhipped and removed from office. They are a complete and total disgrace. Having now gotten away with a packet of horrible decisions, they have tasted the power of the left-wing majority and will continue until forced to stop.

BUMP!

13 posted on 06/25/2008 5:45:40 PM PDT by PGalt
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To: Kaslin

These justices who think raping a child should not be a capital offense are just scum.If it were their grandchildren what would they say?Obama will appoint worse garbage than these.Ginsberg and Breyer are the two biggest POS’s on the court.


14 posted on 06/25/2008 5:49:19 PM PDT by steamroller
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To: yldstrk

Kennedy and the four who joined his decision are complete idiots. There is nothing in the Constitution that says the Court shall decide what is proportional or not. They are making this up, and essentially writing their own constitution.

It is time a state ignored them, and went ahead. The Kennedy decision is indefensible and invalid.

One way of going about attacking this sort of thing is just to get state courts to rule that the majority of five in this case are insane. I would announce that they can appeal that to a hand-picked state board, but until then the state will carry out all pending executions.


15 posted on 06/25/2008 5:55:00 PM PDT by docbnj
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To: yldstrk

I agree: the decision was wrong.


16 posted on 06/25/2008 6:53:44 PM PDT by mbj (Citizen of the United States of America)
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To: Kaslin
In Wednesday's Patrick Kennedy v. Louisiana ruling, Justice Anthony Kennedy, writing for himself and the usual other four left-leaning members of the high court, pronounced that "the death penalty is not a proportional punishment for the rape of a child."

The logic of this is inescapable for a court that rules that there is no punishment at all for murdering a near full term baby so why would you punish anyone for mere rape?

17 posted on 06/25/2008 6:59:13 PM PDT by Wil H
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To: docbnj

There is nothing in the Constitution giving the Supreme Court, or any other court, the right to declare a law unconstitutional.


18 posted on 06/25/2008 7:05:13 PM PDT by FFranco
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To: goldstategop

Another sure-fire issue to electrify the conservative base. Is McCain hiding on this issue??


19 posted on 06/25/2008 7:53:57 PM PDT by mohresearcher
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To: Kaslin

This guy is a 300 lb barbarian who raped her so hard she was left with bleeding and internal injuries. He needs to meet his maker the devil

20 posted on 06/25/2008 8:23:13 PM PDT by dennisw (We have an idiocracy not a democracy)
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