Familiar with this week’s Supreme Court decision regarding the execution of minors? Probably more so than I am, since I don’t usually… read the newspaper or… watch TV. Apparently a majority of justices have decided that foreign law is a reasonable measure of constitutionality. For a good summary of this dangerous precedent, dissection of Kennedy’s position, and some of Scalia’s dissenting opinion, this article at New Sisyphus comes highly recommended:
Having been unable to justify their legal positions the traditional way, by arguing case law, distinguishing cases, comparing cases, arguing by analogy, etc., legal liberals have now turned to the only avenue left them. Not having the ability to point to good precedent in American law, they are reduced to pointing to European and Canadian law.
It’s lengthy but worth it, especially if your Constitution understanding is rusty.
Don’t get me wrong, capital punishment is a nasty and difficult topic. But a 16 year old murderer knows just as well as a 20 year old murderer that what he’s doing is wrong. If the State can execute adults, I have no idea how executing minors over the age of 15 is cruel or unusual. And seriously, do we want the rest of the world determining how our legal system should work? My vote is no.