A sad day for America -- Supreme Court: "No death penalty for child rape"

[PackerfanXD]

It's a State's rights issue and the Federal Government (in this case SCOTUS) is sticking it's knows where it doesnt belong; again.

[FrankRizzoXD40]

Originally Posted by PackerfanXD

It's a State's rights issue and the Federal Government (in this case SCOTUS) is sticking it's knows where it doesnt belong; again.

That's right--they keep forgetting the 10th amendment.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Is captial punishment mentioned in the constitution? I don't believe so. If it is, it certainly isn't banned because several states have it. Of course, forbidding the government of depriving someone of life, liberty, and the pursuit of happiness without due process of law is there, but it should be up to the states to decide what the "due process of law" is when it comes to sentencing.

The federal government has unsurped power from the states when it comes to commerce, abortion, education and now the dealth penalty. More are sure to follow.

Frank

[Yuppicide]

Originally Posted by PackerfanXD

It's a State's rights issue and the Federal Government (in this case SCOTUS) is sticking it's knows where it doesnt belong; again.

Nobody seems to have a problem when the Feds Raid Medical Marijuana clubs (which are LEGAL in California under Prop 22)!

[Carnivorous]

Originally Posted by FrankRizzoXD40

Is captial punishment mentioned in the constitution? I don't believe so. If it is, it certainly isn't banned because several states have it. Of course, forbidding the government of depriving someone of life, liberty, and the pursuit of happiness without due process of law is there, but it should be up to the states to decide what the "due process of law" is when it comes to sentencing.

Scalia has argued in the past that the specific phrase you mentioned is an explicit statement that the state CAN deprive you of life if it gives you due process of law.

Due process is not, however, up to the states. It's a constitutional protection, and the amount of due process required exists on a sliding scale based on the right affected (i.e. the bigger the proposed deprivation, the more due process you get).

[Carnivorous]

Originally Posted by Yuppicide

Nobody seems to have a problem when the Feds Raid Medical Marijuana clubs (which are LEGAL in California under Prop 22)!

That's because marijuana is prohibited under Federal law. Even though the state of California legalized it, Federal law trumps state law every time. That's federalism for you. (Same reason a state can't decide to abolish all income taxes on their residents, even the Federal ones, since it's a Federal law that requires them.)

[FrankRizzoXD40]

Originally Posted by Carnivorous

Scalia has argued in the past that the specific phrase you mentioned is an explicit statement that the state CAN deprive you of life if it gives you due process of law.

I know that. I was just trying to bring up the counter-agruement to the state's rights point of view. I think that the death penalty and how it is applied is a state's right's issue, but someone could argue that because the constitution says that nobody can be deprived of life, liberty, and the pursuit of happiness means that the death penalty should not be allowed under the constitution. I don't agree with it, but I was trying to present that side for a moment.

Originally Posted by Carnivorous

Due process is not, however, up to the states. It's a constitutional protection, and the amount of due process required exists on a sliding scale based on the right affected (i.e. the bigger the proposed deprivation, the more due process you get).

I know that due process itself is not up to the states. I was trying to say that it should be up to the states to decide the end of the process when it comes to sentencing. The process itself is a protection but what happens at the end should be up to the states.

Sorry that I didn't explain that very well.

Frank

[lostone1413]

Originally Posted by Broadside

Before too awful long we'll start seeing more vigilante justice. I think Glenn Beck got the answer to this one right. "Shoot them in the head"

Glenn Beck - Current Events & Politics - Glenn Beck: No death for child rapists

You'll never see any Vigilante Justice in this country. I agree their should be. Trouble is you have a country with to many sheep. Hell the sheep have less use for us then they do the criminals

Far as the gun owners go We can't even stick together. How many hunters have you known that see nothing wrong if another AWB? I've seen allot of them

[cjive134]

Originally Posted by Krackels

Supreme Court Rejects Death Penalty for Child Rape.
What a sad day for America. This kind of crap pisses me off.

So apparently only the life of a child is worthy of the most severe penalty the courts can deal out. I'm sure that's a great comfort to the many parents and family members of children that have been raped, molested, and sexually abused.

I'm sure the many perverts and child predators will take comfort in knowing that as long as they don't kill their victim they're in the clear.

Emoticons don't even convey my level of anger...

I don't really know how I feel about this one, but those in favor of the ruling made the point that if a person already knows that he is facing death if caught why not kill the only witness? What's the worst they could do, kill the guy twice?

[cjive134]

Originally Posted by lostone1413

You'll never see any Vigilante Justice in this country. I agree their should be. Trouble is you have a country with to many sheep. Hell the sheep have less use for us then they do the criminals

Far as the gun owners go We can't even stick together. How many hunters have you known that see nothing wrong if another AWB? I've seen allot of them

You're for vigilante justice? What's stopping you? Oh, I get it. You want other people to get their hands dirty. Some pissed off dad can go to jail and you get to watch it on TV drinking beer and being fat.

[lostone1413]

Originally Posted by cjive134

You're for vigilante justice? What's stopping you? Oh, I get it. You want other people to get their hands dirty. Some pissed off dad can go to jail and you get to watch it on TV drinking beer and being fat.

Nope you won't see it because we have to many Sissies in the country like you lol Now go shoot your BB gun