TIP: Click on subject to list as thread! ANSI
echo: barktopus
to: Gary Britt
from: Bill Lucy
date: 2006-03-14 09:00:52
subject: Re: Country heading toward dictatorship - Sandra Day O`Connor

From: Bill Lucy 

In article , email{at}from_Gary_Britt.org says...
> Monte you are usually not this woefully ill informed.  In the past couple of
> years the case that served as the final straw on this particular camel's
> back was a US Supreme Court decision on Cruel and Unusual punishment as it
> relates to the death penalty for certain murderers.  In that case the
> majority of the Supreme Court, AMENDED via fiat the definition of what is
> Cruel and Unusual punishment, and in making the monarchial POLICY DECISION
> which merely substituted these 5 or 6 judges opinions for the opinions of
> the elected representatives of the GOVERNED, these judges EXPLICITLY STATED
> AND QUOTED trends and decisions and government policies current existing in
> Europe and elsewhere as one of their central themes in unconstitutionally
> amending and changing the meaning of the words cruel and unusual punishment
> that were written into our constitution CENTURIES before these NON USA
> trends and policies were adopted.

Most people haven't read the Simmons opinion, Gary. I have, and it relies
almost exclusively on the Eighth Amendment, not some law(s) outside US
jurisdiction. It should be noted that the opinion upheld the Missouri
Supreme Court opinion, and *that* opinion said nothing about international
law.

This "foreign law" bullshit is merely a sidebar. The fact that
Justice Scalia used it as a cudgel in his dissent is indicative of his
ability to narrow focus on meaningless details, nothing more.

--- BBBS/NT v4.01 Flag-5
* Origin: Barktopia BBS Site http://HarborWebs.com:8081 (1:379/45)
SEEN-BY: 633/267 270 5030/786
@PATH: 379/45 1 633/267

SOURCE: echomail via fidonet.ozzmosis.com

Email questions or comments to sysop@ipingthereforeiam.com
All parts of this website painstakingly hand-crafted in the U.S.A.!
IPTIA BBS/MUD/Terminal/Game Server List, © 2025 IPTIA Consulting™.