the BELTWAY 5...
The High Court is seemingly acting as the name implies. How else could one explain the arogance and ignorance displayed by the Beltway 5?
Justice Scalia offers an smart if not Consitutional look at the decision
when he wrote...
In a scathing dissent, Scalia found it curious that the court would overrule the will of the American people in 19 states, but lean heavily on the opinions of foreigners.
"Though the views of our own citizens are essentially irrelevant to the Court's decision today, the views of other countries and the so-called international community take center stage," he wrote.
The majority begins its ruling by noting that "Article 37 of the United Nations Convention on the Rights of the Child, entered into force Sept. 2, 1990, which every country in the world has ratified save for the United States and Somalia, contains an express prohibition on capital punishment for crimes committed by juveniles under 18."
The court also mentioned the International Covenant on Civil and Political Rights, which the U.S. Senate, Scalia pointed out, ratified he Senate "only subject to a reservation that reads: 'The United States reserves the right, subject to its Constitutional restraints, to impose capital punishment on any person (other than a pregnant woman) duly convicted under existing or future laws permitting the imposition of capital punishment, including such punishment for crime committed by persons below eighteen years of age."
"Unless the Court has added to its arsenal the power to join and ratify treaties on behalf of the United States, I cannot see how this evidence favors, rather than refutes, its position," wrote Scalia. "That the Senate and the President – those actors our Constitution empowers to enter into treaties ... have declined to join and ratify treaties prohibiting execution of under-18 offenders can only suggest that our country has either not reached a national consensus on the question, or has reached a consensus contrary to what the Court announces.
Perhaps it is time for concern by all Americans to the ursurping of power by the Beltway 5. Acting against the Constitution and the laws that govern and siding with international law and norms over the will, and legal requirements of our founding Constitution!
Justice Scalia offers an smart if not Consitutional look at the decision
when he wrote...
In a scathing dissent, Scalia found it curious that the court would overrule the will of the American people in 19 states, but lean heavily on the opinions of foreigners.
"Though the views of our own citizens are essentially irrelevant to the Court's decision today, the views of other countries and the so-called international community take center stage," he wrote.
The majority begins its ruling by noting that "Article 37 of the United Nations Convention on the Rights of the Child, entered into force Sept. 2, 1990, which every country in the world has ratified save for the United States and Somalia, contains an express prohibition on capital punishment for crimes committed by juveniles under 18."
The court also mentioned the International Covenant on Civil and Political Rights, which the U.S. Senate, Scalia pointed out, ratified he Senate "only subject to a reservation that reads: 'The United States reserves the right, subject to its Constitutional restraints, to impose capital punishment on any person (other than a pregnant woman) duly convicted under existing or future laws permitting the imposition of capital punishment, including such punishment for crime committed by persons below eighteen years of age."
"Unless the Court has added to its arsenal the power to join and ratify treaties on behalf of the United States, I cannot see how this evidence favors, rather than refutes, its position," wrote Scalia. "That the Senate and the President – those actors our Constitution empowers to enter into treaties ... have declined to join and ratify treaties prohibiting execution of under-18 offenders can only suggest that our country has either not reached a national consensus on the question, or has reached a consensus contrary to what the Court announces.
Perhaps it is time for concern by all Americans to the ursurping of power by the Beltway 5. Acting against the Constitution and the laws that govern and siding with international law and norms over the will, and legal requirements of our founding Constitution!
posted by Tom Gaitens at 1:34 PM
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