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| 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.
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