Kennedy v. Louisiana: Another Horrible Supreme Court Ruling
By Congressman Paul Broun Posted in Congress — Comments (4) / Email this page » / Leave a comment »
In 1998, Patrick Kennedy was convicted by a jury of his peers and sentenced to death for the rape and mutilation of his eight-year-old step-daughter.
The sentence of capital punishment was handed down by a local judge, based on a constitutional provision passed by the popularly elected Louisiana State Assembly.
The sentence was upheld by a 5-2 vote in the Louisiana Supreme Court.
On June 25, 2008, based on his own personal opinion, Justice Anthony Kennedy decided that he was smarter than a jury, 6 judges, and, according to one USA Today article, the state laws of Louisiana, Georgia, Texas, Montana, Oklahoma and South Carolina, which all allow capital punishment in cases involving child rape.
Justice Kennedy also arrogantly invalidated over a dozen State Constitutions which allow capital punishment in cases not resulting in the death of the victim.
Justice Kennedy should be embarrassed for his actions, but he is not.
This is yet another prime example of the Supreme Court’s tyrannical abuse of power through its tendency to legislate from the bench and I am sick and tired of judges who believe it is their job to rewrite the Constitution according to their personal vision for the world.
In anticipation of this type of judicial activist decision, I introduced two constitutional amendments over a month ago.
The first, H.J.RES. 82, allows castration after conviction for the rape of a child under the age of 16. The second, H.J.RES. 83, states: “The Constitution allows the death penalty, including when it is imposed for the rape of a child under sixteen years old."
These constitutional amendments will serve to preserve states’ rights and protect children by forcing judges to hand down appropriate punishment to those who seek to harm young girls and boys. A raped child came to the Supreme Court for justice and Justice Kennedy chose to protect her attacker. My amendments will make future decisions like that impossible, and place more power where it belongs, with the people themselves.
Now mind you, if someone did that to my daughter, I'd cut him (or maybe band him, that's slower) right before I gut shot him and fed him to the pigs. But I worry that a jury might think that simple castration was appropriate punishment and let him go.
With some artificial hormones, he could go right back to his previous sadism. Now, castration and execution...I could go for that.
I suppose Justice Kennedy wouldn't approve of me.
I meant what I said and I said what I meant. An elephant's faithful 100 percent.
If a rapist thinks that they will get the death penalty if caught, then it increases the chance they will just kill the child to eliminate a witness.
"Nothing works like freedom, Nothing succeeds like liberty"
Kyle
You may be right, but the point is, shouldn't that be up to the people of each state to decide? Justice Kennedy should not be arbitrarily shutting down all debate on this topic and making that decision for the entire country.
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"'You come of the Lord Adam and the Lady Eve,' said Aslan. 'And that is both honour enough to erect the head of the poorest beggar, and shame enough to bow the shoulders of the greatest emperor on earth. Be content.'" -- C.S. Lewis' "Prince Caspian"
Absolutely freaking GREAT!
Jim Tomasik