Wednesday, March 02, 2005

Five Hackers of Culture

In one of my earliest posts, I commented that the Constitution has already
been amended. In the decisions rendered by Judges and Justices, rights have
been created where there were none. This scenario has played itself out
again when the U.S. Supreme Court recently ruled that the practice of
executing individuals for crimes committed below the age of 18 is a
violation of the Eighth Amendment. Justice Kennedy wrote the 5-4
majority decision. The Supreme Court has brought the nation another step
closer to the abolition of the death penalty.

As mentioned in Powerlineblog:

"Justice Kennedy relied on international law and practice to 'confirm' his
view that the juvenile death penalty constitutes cruel and unusual
punishment. He also cited the International Covenant on Civil and Political
Rights, which the U.S. signed only subject to the reservation of its right
to impose the death penalty for crimes committed by persons below eighteen
years of age. "

This is not the first time that the U.S. Supreme Court has deferred to
international law in decisions involving the nation. It did so when the
Supreme Court decided to declare unconstitutional State's laws
criminalizing sodomy, which was established law for decades, thereby
opening the door to legalizing homosexual marriage. In that decision,
Anthony Kennedy also cited international law, and not the U.S.
Constitution.

We have become a nation of consensus, and not of laws, with the Constitution
effectively neutralized by international public opinion. Anthony Kennedy
and his cohorts would have us go the way of Canada in that country's misguided
legitimization of homosexuality. Five unelected persons in the U.S. have
become the chief enablers of the wholesale deterioration of U.S. culture.

1 Comments:

Anonymous Anonymous said...

You state, " In that decision,
Anthony Kennedy also cited international law, and not the U.S.
Constitution." Actually you are incorrect, as Justice Kennedy cites the U.S. Constitution several times and mainly relies on U.S. court precedents. See http://supct.law.cornell.edu/supct/html/02-102.ZO.html

Although it is true that Justice Kennedy referred to international law and even more to the fact that the U.S. was alone in the world in not prohibiting children from getting the dealth penalty (ok, Somalia), he actually bases the majority opinion on U.S. law and precedent. See http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=03-633

March 05, 2005 9:51 AM  

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