Justice Kennedy or Elmer Fudd

Anthony Kennedy once again proved to the legal community that Alzheimer’s has stricken at least five of the Justices currently serving on the United States Supreme Court. Apparently they have forgotten the constitution they swore to protect and defend. In a five to four ruling the court found it unconstitutional to put to death those who would harm the most innocent among us, our children. Justice Kennedy, writing for the majority said, “The Constitution barred a state from imposing the death penalty for the rape of a child when the crime did not result, and was not intended to result, in the victim's death”. As a student of our constitution, I would impolitely ask Justice “Elmer Fudd” just where in our constitution is the text barring a state from imposing the death penalty for any crime? And don’t give me that eighth amendment argument because trust me; my mind contains more intellect than yours, that’s a given. The Cruel and Unusual Punishment Clause is the only part of the Amendment that has been made applicable to the states via the Due Process Clause of the Fourteenth Amendment. But, what the legal eagles miss is pivotal and prescient. It is one simple word. That word is, “AND”. {Emphasis Mine} Up to and including the 1930’s the French still imposed death by guillotine for the most heinous crimes. It was common practice. Is it cruel, certainly, is it unusual, not at all; Texas does it everyday, twice on Sundays. In this country we legally snuff out murderers of all sorts and sizes making this world a better place to live in, providing income for funeral directors and it gives me a warm, toasty feeling. Is it cruel to kill them, of course, it is not unusual. The eight amendment prohibits cruel and unusual punishment, it does not state cruel or unusual punishment.

Justice Kennedy went on to say, “A national consensus exists against capital punishment for the crime of child rape and that the death penalty, based on current evolving standards, should be reserved for the worst crimes that take the victim's life.” Excuse my language as I believe foul language only expresses a negligence of vocabulary but just what consensus is this son of a bitch talking about? I’ve never heard of such a consensus and were it true, we are now to decide constitutionality on consensus? This case makes the stark truth known and indisputable, our Supreme Court as configured is not judging, they are legislating. Our founders intended for the courts to have the least influence over the lives of the electorate yet today our courts have become the arbiter of social policy usurping the authority of we the people. What Justice Kennedy did today was to place the interests of the most evil among us over our beloved children and our most innocent.

Conservative Springfield 26 Jun08