Entry: American Laws Are Good Enough For Americans Thursday, March 10, 2005



Sometimes it's hard to make sense of the decisions the Supreme Court makes. When they cherry-pick foreign legal decisions to cite as the basis for some of their more Left-leaning rulings, for instance, it can make anyone's head spin. Why, I often wonder, do they speak of the "values we share with a wider civilization" when they cite European court rulings, but ignore foreign laws that disagree with the Liberal agenda? For every decision they make citing the European Court of Human Rights, shouldn't there be a ruling based on Shari'a law or Chinese law?

In one instance, the Supreme Court effectively overturned the Tenth Amendment in the Lawrence v. Texas decision when they removed the right of Texas to make its own laws regarding sodomy. The Tenth Amendment states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Justice Anthony Kennedy noted in the decision that the European Court of Human Rights and other foreign courts had affirmed the "rights of homosexual adults to engage in intimate, consensual conduct." He also mentioned that privacy for gay men and women "has been accepted as an integral part of human freedom in many other countries." Yet the Supreme Court didn't balance this blatant Eurocentrism by ruling that women should be stoned for exposing the upper part of their feet, or that anyone who didn't bow to President Bush's portrait should be sent to a concentration camp to mine coal and make soccer balls for cheap export. If they were taking foreign laws and attitudes regarding homosexuality into account when making their decision, why didn't they rule that, as Shari'a law states, the Texas legal system should "Kill the one who does it and the one to whom it is done?" It's obvious that the Supreme Court made a decision not based on the Constitution, but their own prejudices and attitudes, then sought precedents by which to explain it.

In the great tradition of Roe v. Wade and Justice Hugo Black's "separation of Church and State," the Supreme Court recently found yet another part of the Constitution that no one had ever seen before (no doubt written on the back of the third page of the original, in lemon juice). This one said that juveniles cannot be sentenced to death, no matter how heinous the crime. States have now lost the right to mete out justice as they see fit. Justice Kennedy (again) joined Liberal Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg and Stephen Breyer. Kennedy stated that those under 18 should not be subject to the death penalty because the "instability and emotional imbalance of young people may often be a factor in the crime." Kennedy further blamed "a lack of maturity and an underdeveloped sense of responsibility" and the "diminished culpability of juveniles" for their crimes.

Arizona youth Kenneth Laird, for instance, was only 17 when he broke into Wanda Starnes’ home while she was at work. He tied, gagged and locked her in a bathroom when she returned, then choked her with a rope and bashed her skull in. Laird then spent the next few days driving her truck and forging checks from her account. Mere youthful high spirits, no doubt. Nathan Ramirez was 17 when he and a friend broke into the Florida home of 71-year-old Mildred Boroski, tied her to her bed, killed her dog with a crowbar and looted the house. After the friend raped Boroski, Ramirez shot her twice in the head. He was obviously suffering from an underdeveloped sense of responsibility.

Dale Dwayne Craig was 17 when he fired three bullets into the head of Kipp Gullet as Gullet cried and begged for mercy after Craig abducted him. Stephen Virgil McGilberry killed four members of his Mississippi family with a baseball bat when he was 16. Tilmon Golphin and his older brother killed two police officers after committing robbery and grand theft auto, shooting the already-wounded men at point-blank range. Efrain Perez and Raul Villarreal were both 17 when they and three others gang-raped two girls, 16 and 14, before strangling and stomping them to death. One of the girls was strangled with her own shoelaces. Kevin Hughes sexually assaulted and strangled a nine-year-old Pennsylvania girl before setting her body on fire when he was 17. I suppose we should just be thankful he killed her first.

All these animals and more are now free of the death penalty, thanks to the Supreme Court and their reliance on foreign laws. "In sum, it is fair to say that the United States now stands alone in a world that has turned its face against the juvenile death penalty," Justice Kennedy wrote in the decision, also noting that the practice was banned by the United Nations Convention on the Rights of the Child. The part that confuses me the most is how the same "children" who are deemed unstable, emotionally unbalanced, immature and lacking a sense of responsibility by this ruling are still somehow responsible and mature enough to get birth control or abortions without parental consent in states like California and Florida.

Justice Sandra Day O'Connor warned us that "over time we will rely increasingly, or take notice at least increasingly, of international and foreign courts in examining domestic issues." Well, what do European court decisions matter to me? I don't live there, nor do I want European judges deciding my laws for me. Any judge who bases his or her decisions on any document other than the US Constitution or on any legal ruling made beyond our borders ought to be impeached. As an American, I insist that my laws be written only by my fellow Americans, and comply with my Constitution. If I want to live under the laws of another country, I know how to buy a ticket for the next plane or boat, believe me -- I don't need the illegal immigration of their judicial rulings.

UPDATE: Justice Antonin Scalia certainly understands what the role of the Supreme Court should be, and how judicial activism is destroying our democracy. According to an AP report on 14 March 2005:

In a 35-minute speech Monday, Scalia said unelected judges have no place deciding issues such as abortion and the death penalty. The court's 5-4 ruling March 1 to outlaw the juvenile death penalty based on "evolving notions of decency" was simply a mask for the personal policy preferences of the five-member majority, he said. ... Citing the example of abortion, he said unelected justices too often choose to read new rights into the Constitution, at the expense of the democratic process.

   17 comments

Maureen
March 11, 2005   07:49 AM PST
 
Great artical!! I for one can not believe that it has come to this!!! I can't help but wonder how these idiots would have ruled if it were one of their own who suffered under the hands of these "children". If a 17 yr old is "mature" enough to drive a car, they are "mature" enough to know that bashing someone to death is wrong.
What kind of Crack are these people smoking anyway???

Discusted
Ajax
March 11, 2005   09:40 AM PST
 
"The part that confuses me the most is how the same "children" who are deemed unstable, emotionally unbalanced, immature and lacking a sense of responsibility by this ruling are still somehow responsible and mature enough to get birth control or abortions without parental consent"

Man I am jumping up and down at how not stupid you are!! :)

I am amazed even more that you are able to see all this and it was not revealed to you by God, as it was for me. Keep up the good work!!

I'll die for my freedom! How about all of you?!?!
Psychic Ferret
March 11, 2005   10:13 AM PST
 
"I'll die for my freedom! How about all of you?!?!"

You can die for my freedom as well, troll.
L. A. Jacobs
March 11, 2005   01:33 PM PST
 
Unfortunately, 17 year olds are only old enough to go to war after they get their parents permission. Perhaps the states should get the parents' permission to send them to the "chamber". It might suprise a lot of judges that most parents would agree.
Jamie
March 11, 2005   09:36 PM PST
 
Unfortunately, it is virtually impossible to impeach a Supreme Court Justice. Listen to what Thomas Jefferson noted long ago, "We have...[required] a vote of two-thirds in one of the Houses for removing a judge; a vote so impossible where any defense is made before men of ordinary prejudices and passions, that our judges are effectually independent of the nation. ... For experience has already shown that the impeachment it has provided is not even a scare-crow."

mannning
March 12, 2005   12:21 AM PST
 
I posted congratulations to you over at RWN for this post. There I suggested that we might want to swarm the Supreme Court with conservative legislation until it gets sorted out by new appointments.
I don't know if this is possible, or even desirable. I am simply frustrated by our inability to correct this destruction of the Constitution.
JM
March 12, 2005   02:50 AM PST
 
>it is virtually impossible to
>impeach a Supreme Court Justice

That's why judicial activism has come to rule this country. Why are lawmakers so afraid to confront the Supreme Court?
JM
March 12, 2005   02:53 AM PST
 
>I posted congratulations to you
>over at RWN for this post.

Thanks. It's always an honor when John Hawkins reprints something of mine.
Friend of USA
March 13, 2005   12:09 AM PST
 
I've just discovered this blog yesterday and it's great !

And I agree , if you're old enough to drive , have sex, take the pill, hack government sites , sell drugs, organise street racing and manage bets money , sell school test answers and so on , you're old enough to know what is wrong and what is right and old enough to face the music.

It's sad but they deserve the death penalty as much as adults.

PS; I really enjoyed the liberal litmus test and laughed all the way!

Frowning at Saddam at the UN was the funniest thing I've read in a while!
Friend of USA
March 13, 2005   12:10 AM PST
 
Great blog !
Rotwang
March 13, 2005   01:58 PM PST
 
Good points!

If the Supreme Court had the balls to cite some of the more godly tenets of Shari'a law, we'd have the death penalty for juveniles AND homos!

Screw the Euroweenies. I'm no fan of Islamofascists, but you have to admit those Mullahs know how to run a tight ship. And if our so-called "Justices" are looking to foreign laws for guidance, let's go straight to the pros! Shari'a, for all its flaws, is much more in tune with real American values. One strike -- yer OUT!
Friend of USA
March 13, 2005   02:30 PM PST
 
About teenagers old enough to be treated as adults...

Some on the left recently complained that there are a few "kids" among those held at either abu ghraib or guantanamo.

If a "kid" is old enough to hold an AK - 47 and shoot at US soldier , heis old enough for EVERYTHING period.

mannning
March 13, 2005   07:47 PM PST
 
http://lucianne.com/threads2.asp?artnum=203320

Try this Judge for an international flavor! He lets the confessed killer go because "the evidence is too damning to him."
Jamie
March 14, 2005   07:29 PM PST
 
I hope that these Supremes who rule based upon International Law are GONE by the time Brian Nichols (the Alanta shooter) is convicted and has appealed his conviction all the way to the Supreme Court. Otherwise we will be hearing about how the eyewitness accounts of his shooting the judge, the Court Steno and the deputy point blank is "too damning". We may hear about it sooner than that, if something similar should come before them anytime soon. There are several Supreme Courts justices in the states who would jump on the chance to cite this case as precedence.
skye
March 15, 2005   07:03 PM PST
 


The outsourcing of our laws to the UN/European court of human rights by the Supreme Court is a travesty!



Psychic Ferret
March 15, 2005   08:29 PM PST
 
"The outsourcing of our laws to the UN/European court of human rights by the Supreme Court is a travesty!"

Now if we could just outsource the criminals, we'd have something!

(Personally, I think we should outsource them into a pine box, but that's just me.)
Paladin
March 24, 2005   12:52 PM PST
 
No it's not just you. I'll even volenteer some of my time to MAKE those pretty pine boxes.

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