"And what does the LORD require of you But to do justice, to love kindness, and to walk humbly with your God"
-- Micah 6:8

"The duty of the prosecutor is to seek justice, not merely to convict."
-- American Bar Association Standard 3-1.2(c)

"There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia."
--Pope Benedict XVI, June 2004

Thursday, May 31, 2007

Liberal Logic

Capital Defense Weekly complains that the feds have lately obtained two death sentences in non-death penalty states. In a stunning display of ignorance or in an attempt to deceive their readers, they lament:
I guess so much for the Administration’s Federalist Society allies and their arguments about the autonomy afforded states under the 10th Amendment & that federalism means the federal government should respect a state’s decisions, like whether or not to have the death penalty.
Wow. I guess it should not be surprising, since in most law schools aspiring lawyers can graduate without having ever read the text of the constitution. If CDW had bothered to do so, they might have learned that the federal government is granted the power to regulate interstate commerce, which they do in part by criminalizing the illicit drug trade. This includes allowing for the death penalty when drug dealers kill cooperating witnesses.

I suspect CDW knows all this, however, since they themselves support illegitimate use of federal power when exercized by the federal courts to restrict state legislation on the death penalty as I mentioned here.

So it's OK for the SCOTUS to stretch the Eighth Amendment beyond recognition in overturning a state law, but on the other hand, it's an abuse when the executive branch asserts a power that no one denies they possess under the constitution.

That's liberal "logic" for you.

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