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- Xref: sparky misc.legal:23308 talk.politics.misc:69811
- Path: sparky!uunet!optilink!cramer
- From: cramer@optilink.COM (Clayton Cramer)
- Newsgroups: misc.legal,talk.politics.misc
- Subject: Re: Making law (was: Shouting "Movie!" at a Fire Station)
- Message-ID: <14049@optilink.COM>
- Date: 25 Jan 93 17:32:07 GMT
- References: <c3Th02DM32sg01@JUTS.ccc.amdahl.com> <C1ArDw.3LE@panix.com>
- Organization: Optilink Corporation, Petaluma, CA
- Lines: 30
-
- In article <C1ArDw.3LE@panix.com>, lkk@panix.com (Larry Kolodney) writes:
- > In <1993Jan22.024152.29134@ucsu.Colorado.EDU> fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
- > >>Quick, tell me what "due process" means.
- >
- > >proceedures which the government must follow, before taking away
- > >someone's life, liberty or property. From context, these proceedures
- > >protect the individual from arbitrary or unfair punishment.
- >
- > Okay, now. You're a judge. I am a death row prisoner. I argue to
- > you that the death penalty is arbitrary and unfair, since no other
- > first world country still uses it. You agree, and rule the death
- > penalty to be a violation of the 5th amendment. Are you making law?
-
- Absolutely. Especially since the Fifth Amendment SPECIFICALLY
- provides for capital punishment. A valid argument could be presented
- that the way a particular death penalty law operates violates equal
- protection, or that the death penalty, administered in a *particular*
- way is "cruel and unusual," but there is nothing so clear as the fact
- that the Constitution made provision for capital punishment. The
- problem is that liberal judges, because of their opposition to the
- death penalty (which I share), have chosen to rewrite our laws and
- reinterpret the Constitution in a manner nearly 180 degrees contrary
- to text and original intent, rather than carry out the law.
-
- > larry kolodney:(lkk@panix.com)
-
- --
- Clayton E. Cramer {uunet,pyramid}!optilink!cramer My opinions, all mine!
- "When freedom destroys order, order will destroy freedom." -- Eric Hoffer
- Not a goal, just a statement of reality.
-