This Modern Age

Archive for the ‘Supreme Court Rulings’ Category

Congress Shall Have Power…

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In an election year there are all sorts of arguments about how problems should be solved (healthcare, welfare, crime, foreign affairs, etc…).  However, it is rare to find people discuss the actual purposes of the United States government at the same time.  For most voters, it seems like the government has simply become a magical Santa Claus that simply grants wishes for people who want “good things.”  As a simple refresher I have posted Article I, Section 8 of the US Constitution.  PS – The word ‘education’ is not found anywhere in the Constitution…

 

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

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Written by thismodernage

July 22, 2008 at 3:02 pm

Kennedy v. Louisiana: Justice Kennedy

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The death penalty is not a proportional punishment for the rape of a child.

          Justice Anthony Kennedy

Thank you to Justice Kennedy for framing the embodiment of judicial activism in your majority decision of Kennedy v. Louisiana.  It is not the Supreme Court’s stated job to decide what is and is not proportional.  Anyone is welcome to double check me on that one. 

Justice Kennedy – The question that was put to you is whether the death penalty is Constitutional or not.  Instead, you decided to rule on the “the evolving standards of decency that mark the progress of a maturing society”.  Really?  So, now the Supreme Court is going to be our societal arbitrator for decency? 

So, we are now a more decent and mature society because we will not impose capital punishment on an individual guilty of child rape (click the link for a description of the committed crime), to quote Justice Alito in the dissent, “no matter how young the child, no matter how many times the child is raped, no matter how many children the perpetrator rapes, no matter how sadistic the crime, no matter how much physical or psychological trauma is inflicted, and no matter how heinous the perpetrator’s prior criminal record may be?”