Posted on 07/02/2002 12:02:25 PM PDT by JohnHuang2
NEW YORK - A federal judge in New York declared the death penalty unconstitutional on Monday, saying evidence has shown that there is an ''undue risk'' that a meaningful number of innocent people have been executed. Continues.
============================================================
More foolishness from the bench
A week ago, it was the 9th U.S. Circuit Court of Appeals, with its ruling that the words 'Under God' in the Pledge of Allegiance need to go. So the brainless buffoons on the court toss the whole Pledge out the window. For theophobes -- there's no other word for these clowns -- even mentioning God constitutes an establishment of religion. The imbecility touched off a political firestorm so fierce that the half-wit who wrote the 2-1 decision the next day issued a stay of the ruling.
And now its the U.S. District Court in Manhattan. In another election-year embarrassment for Democrats, Judge Jed Rakoff -- a Clinton appointee -- ruled the federal death penalty unconstitutional, the first such ruling by a federal judge in the eight years since the current federal death penalty was enacted. This judicial fiat could mean a halt to federal executions in three states -- New York, Vermont and Connecticut -- if the foolishness is upheld by the 2nd U.S. Circuit Court of Appeals.
In his 28-page ruling, prompted by a pre-trial motion from defense, Judge Rakoff cites cases of innocent defendants being sentenced to death. Never mind that, in no instance, has the death penalty been administered on someone who later was found to be innocent.
Moreover, the cases cited involve state -- not federal -- courts, a critical distinction prosecutors noted in court.
Like most liberal judges, Rakoff perverts the meaning of 'due process', arguing that, unless unconditional perfection is assured, voila! the death penalty is unconstitutional, meaning the whole criminal justice system is unconstitutional, given that no system is perfect. (The logical absurdity of this notion is why foes of capital punishment normally rely on the Eighth Amendment, specifically, it's 'Cruel and Unusual Punishment' clause).
Again, never mind that the High Court has already rejected this twisted piffle, as prosecutors, once more, noted in court.
In other words, this pompous twerp seeks to revoke matters of settled law, precedent set by the Supreme Court. itself.
Pretty brazen, eh?.
Conservatives call it judicial activism -- power-hungry "judges" improperly usurping the role of elected officials, bumptiously supplanting political procedure with judicial decree.
Call it 'lawmaking from the bench'. Twisting, bending, slicing or shredding the constitution outright -- to Rakoff and his ilk, it's the means for imposing their unpopular political agendas. To these tyrants in robes of black, abolishing capital punishment is the goal, and the end justifies the means -- any means whatsoever.
Elections? Ha! We don't need no stinkin' elections -- as federal judges, we're appointed for life!
Rule of law? The Constitution? Legislative procedure? Separation-of-powers? Ha! We judges rule by decree -- the law is whatever we capriciously say it is.
Indeed, they think they are a law to themselves.
Fascist? Arbitrary? Whimsical? .
You bet.
Small wonder these despots have nothing but contempt/disdain for God -- they fancy themselves Almighty.
To be sure, this addlebrained ruling is destined for the ash heap, likely DOA at the 2nd Circuit.
Thank God. Oops ...
My two cents....
"JohnHuang2"
Have a good holiday if I don't see you before then...
Notice they never apply the same logic to issues near to their (black) hearts.
I guess many federal judges are secret S&M bare-backers. ;-)
Great job John, as always, Fort Knox has a hard time trumping your 2 cents :-)
Stop the attacks by the wacko, extreme left-wing, anti-death penalty-nazis terrorist's on our Freedoms !!
Freedom Is Worth Fighting For !!
Molon Labe !!
I hope we have one goofy ruling a week from now until election day.
No better argument against liberal 'Rats exists.
I chuckled at your "Thank God. Ooops!" comment. My nephew who is a conservative, called me and left me a voicemail message the day of the Pledge ruling. He said "aachoo!", and said "May a Higher Entity bless me, now that we can't say "under God".
There is hope for the future!
God bless you and yours--no oops either!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.