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The Government is merely a servant -- merely a temporary servant; it cannot be its prerogative to determine what is right and what is wrong, and decide who is a patriot and who isn't. Its function is to obey orders, not originate them. - Mark Twain
Tuesday, March 01, 2005Lethal Injections R Us
by Lee
Wanna know why I love Scalia? As you’ve probably heard, the SCOTUS today declared, in its usual 5-4 split, that executing adults who were under 18 at the time of their crime is cruel and unusual punishment, and therefore unconstitutional. I agree with the decision, that this is a line that shouldn’t be crossed. But listen to the justification given by Anthony Kennedy.
What I find absolutely obscene is a US court taking into account international opinion. It is not the function of a court to judge the morality of a law, only whether or not it is constitutional. The idea that constitutionality is some way secondary to international opinion is horrific, and substantially limits the power of the legislative branch to perform its function. The system of checks and balances does not include a provision for what the rest of the world (i.e. Europe) thinks, nor should it ever. It’s beyond comprehension that we have 5 justices sitting on our highest court who don’t appreciate that when it comes to adjudicating laws in the United States, the opinion of the rest of the world means exactly dick. But thankfully, we have Scalia.
Exactly. This decision is exactly like Roe v. Wade. I might agree with the outcome, but the decision itself is awful. The proper avenue to outlawing execution of minors (or legalizing abortion) is through the legislative branch, but that’s much more difficult than finding five justices who will totally disregard the Constitution in favor of world opinion.
Posted by Lee on 03/01/05 at 03:48 PM in Politics •
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