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  • The Scriptorium

    3/2/2005

    Juvenile Execution Ban Based on Global Treaties, Foreign Opinions

    Filed under: — Jennifer Rast @ 3:27 pm

    Well, here we go. Our constitution in the U.S. is being tossed for international law. How can these judges declare something unconstitutional based on unratified global treaties and international opinions?!! If the constitution is not the source used to support these dictators decisions, then stop claiming it was.

    If our President and ELECTED government choose not to ratify treaties, judges should not be allowed to use them against the will of the people. Judicial tyranny in this country is out of control.

    In its stunning 5-4 ruling banning states from executing murderers who committed their crimes before they turned 18, the U.S. Supreme Court majority openly cited a United Nations convention, an international treaty and the laws of the United Kingdom in arriving at its sweeping decision.

    In outlawing the death penalty for juvenile killers, the majority declared a national consensus had emerged in the last 15 years against the practice, which is now seen by the court as unconstitutionally cruel.

    The decision overturns a 1989 high court ruling, throws out the death sentences of 72 murderers who committed their crimes as juveniles and bars states from seeking to execute others in the future. Nineteen states had allowed death sentences for killers who committed their crimes when they were under 18.

    Justice Anthony Kennedy, writing for the majority, said many juveniles lack maturity and intellectual development to understand the ramifications of their actions.

    “The age of 18 is the point where society draws the line for many purposes between childhood and adulthood. It is, we conclude, the age at which the line for death eligibility ought to rest,” Kennedy wrote.

    In an angry dissent, Justice Antonin Scalia disputed that a “national consensus” exists and said the majority opinion was based on the “flimsiest of grounds.” The appropriateness of capital punishment should be determined by individual states, not “the subjective views of five members of this court and like-minded foreigners,” he wrote. . . . . .

    Our courts continue to take power away from the states and destroy the balance of powers written into our constitution.

    The germ of dissolution of our federal government is in ….the federal judiciary; an irresponsible body (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States

    “You seem…to consider the judges as the ultimate arbiters of all which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so…and their power is the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The constitution has erected no such single tribunal, knowing that to whatever hands confided, with corruptions of time and party, its members would become despots.”

    –Thomas Jefferson

    WND Article

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