Scalia: It's Not Unconstitutional To Execute The Innocent

[exenrontexas]

Vengence is MINE, sayeth the Lord. I will repay. The Bible permits MANY alternatives to the death penalty for a criminal that murders someone and, of course, the blood of the innocent will be on Scalia's hands. HE will be held accountable as well.

[Gunfleet]

People seem to use "constitutional" or "unconstitutional" in place of "moral" or "immoral." They are wrong to do so.

[iago68]

i looked up the word 'cunt' in the dictionary. yep, scalia's picture was there!!

[911FalseFlagTerror01]

Execute the retarded.

[anikinippon]

LOL this is so off, the constitution MENTIONS the death penalty, that's not a position weather we OUGHT or NOT OUGHT to have a death penalty. That's why the Justice doesn't agree with banning it on constitutional grounds as it is his job to do so. His job ISN'T to be the moral arbitrator of justice, that's never something a judge is supposed to do. His job is to bring justice under the laws that the American people have adopted. Don't like the death penalty? Change the constitution.

[BroBroDude]

I am confusing my problem with the Constitution for a problem with Justice Scalia. Is this funny guys

Wait what if I present in it a wacky satirical way. Ha ha! Right guys?

[TwanBeezy]

It is not unconstitutional to execute an innocent person. No person shall be deprived of "life, liberty, or property, without due process of law..."

So long as the person was provided with due process of law, it allows for that person to be executed.

Cruel and unusual punishment refers to the punishment fitting the crime, and the methods used for punishing that person. A person could be executed for blowing up a building and killing people, but he cannot be stoned to death.

[exbronco1980]

scalia was one of the justices who appointed george w. i sure hope the american people are happy with the results of that. i think deep down inside most of em are

[mst3k4evur]

My God this is stupid. He said that the court never held that executing an innocent person is unconstitutional. This is a simple statement of fact, even the liberals have concurred in the past.

His opinion in this case mirrors his opinions in Herrera v Collins: The Supreme Court isn't here to decide on claims of innocence, it's an appellate court. Its job is to determine if the trial and appeals were fair. The place for claims of innocence is at trial or an application for executive clemency.

[sanjosethornton]

Well, I hate to break it to you mst3k4ever, but executing an innocent person would be a violation of cruel and unusual punishment in the bill of rights. So yes, the supreme court has the authority to end a sentence if a person is innocent. If the trial court scr-wed it up once, who says they won't do it again?

[mst3k4evur]

Really? Can you name the amendment where innocence is mentioned or is this wishful thinking on your part? What it DOES say in the fifth amendment is "No person shall be ... deprived of life, liberty, or property, without due process of law". The constitution concerns itself with due process and equal protection, not claims of innocence.

[kgj08]

Under what precedent is executing an innocent person a violation of cruel and unusual punishment? You don't seem to understand the function of the Supreme Court. The Constitution also says that we have a right to trial by our peers. If the Supreme Court's function was to determine guilt or innocence, that would fly in the face of the constitutional provision that requires a trial by jury. The Supreme Court is only looking to see that lower court proceedings were carried out fairly.

[sanjosethornton]

If you have to ask me if executing an innocent person is cruel and unusual, than you have issues. The supreme court is an appeals court under the constitution. If they think a person was not given a fair trial, they have the right to overturn it as stated in bill of rights. An innocent person found guilty was not given a fair trial.The supreme court can overturn jury verdicts. They do it all the time.

[robislost]

Precisely. It's not the job of an appellate court, such as the Supreme Court, to determine guilt or not. That's the job of the trial court. All an appellate court can do is rule on points of error. Besides, even a trial court doesn't determine guilt or innocence, just guilty or not guilty.

[booley]

I would think not executing the innocent would be behind the whole concept of Justice.

But then I am a silly Liberal.

[kgj08]

Tell that to the jury, not to the Supreme Court.

[sanjosethornton]

Juries are too stupid to figure out a lot things. Thats why OJ was let go, and why many southern whites were aquited for klling civil right workers. An appeals court over rules jury verdicts, whether you like it or not.

[robislost]

Actually, no, they don't. They rule on points of error, they don't overrule jury verdicts. And yes they make mistakes from time to time but actually for the very large part they do a fantastic job.

[marcostar57]

Scalia is Reich-wing SCUM... how the hell he got confirmed is beyond me ... his warped sense of justice is incomprehensible.

[RuflessRecords]

The "innocent" guy was convicted of murder, and in Scalia's opinion his original conviction is stronger than the mysterious flip-flopping of 7 of 9 witnesses who decided (under pressure from anti-death penalty activists?) they were "mistaken" on a murder charge!!!!! 20 yrs ago. That's a legitimate opinion. However, for you scum who say all rightwingers are racist, the decision was 6-2 in favor of revisiting the case, with 3 of 5 conservatives voting for it, notwithstanding Scalia.

[hotdogwell]

All right wingers aren't racist .But if you are racist more then likely you belong to the republican party .Tell me how many libs have confederate flags in their yard ?

[RuflessRecords]

hotdog, tell me what % of rightwingers do? Some guys in the South like to fly it, some cuz they're racist, others as some kind of Southern pride thing, I personally am not a big fan of public display of it, I think it symbolizes Southern Democrats fighting for their states' rights to own slaves.

90% or more of Republicans aren't racist, and given Democrats' despicable past history of treatment of blacks 1800-1965, they shouldn't be leaping on bogus racist charges all the time like they do.

[mst3k4evur]

Not to mention FDR, a much beloved Democratic President, and his treatment of 120,000 Japanese Americans. Or George Wallace for that matter.

[jeremyoyer]

Well said Rufless. Hotdog is simply a sheep of the Nobama administration. I debated him and he's really easy to defeat. Then again most liberals are. Just point out the facts. lol

[nodittohead]

I wonder if he will be one of the people exposed with a swiss bank account?? (how much did W pay him to circumvent the constitution anyway?hhhmmmmm???)

[sawjac13]

What a monster.

[omiteru]

This the reason that I am against the execution. At one time it would be hard to believe that the logic of Antonin Scalia and Clarence Thomas, then we heard about Sarah Palin. Now, we know.

[suicidechickenshit]

Two reasons why there should be no death penalty:

1.) "Justice" Antonin Scalia

2.) "Justice" Clarence Thomas.

[clintstonedare1]

Truth of the matter is all nine of those bastards including the scum sucking so-called women need to hung by the neck until dead! They are criminals of the absolute lowest degree.

[PolitikalJunkie]

Hilarious.

This is why I watch HU!

[GnosticAtheist]

This one was pure genious. I have no idea why, but it felt like you scanned his brain and this is actually what is going on inside his skull.

[GnosticAtheist]

aaaaHAHAHAHAHAHAH! 8D

[obnoxiousonederer]

I didn't think he was in the Army.

[radudeATL]

These clips are pure joy packaged in less than a minute: LOVE them!

[Gravy2468]

Too bad he promised he won't get off the court while Obama is prez

[sanjosethornton]

Where did he say that? Can you give me the link? If its true, then I hope we can get kennedey to leave. Or else make scalias life very miserable.

[hotdogwell]

Scailia did really say this in a round about way , Thornton .Heres the link :

[hotdogwell]

The link won't post , f-en crappy YouTube posting board . Anyways just go to "Think Progress" and type in the Scailia head line or name .

[sanjosethornton]

What I meant was did scalia really say he wouldn't leave the supreme while obama is prez? I would like a link to that. Because I always hoped by obama's second term, scalia would be the next old fart to leave the court.

[HomoCyborgZombie]

He came at the end :P

[TheDystopiaInside]

LMAO -- watch 24 and masturbate LOL!

[moviedude22]

Honestly, I'm not informed enough to truly comment but LOOOOOOOOOOOOOOOL!

[HADESRULE44]

lmfao!!!!

[SlackerKun]

What's his opinion on the holocaust, I wonder?

[ORACLE063]

probably "more of that"

[TheReasonWhyGuy]

ROFL

[ver506]

OMG, i heard about this yesterday, Scalia and the always disgusting Clarence Thomas! Yeah, he disgusts me...

[HADESRULE44]

she surely looks more manly but over all palin couldnt find her way out of a sleeping bag probably so shes deffinantly not superior...

[goldgrif]

and palin the quitter, sucks the scum off limbaugh's dick while taking it the arse from beck, and her faggot husband eat the shite of all

[bs17]

@goldgrif How enlightened of you....Honestly, the best way to defeat Palin is by making logical, sound arguments to rebut her blatant lies -- not to make disgusting, disparaging comments about her...or by referring to her husband with homophobic language.

[FrostbiteQc]

WOW.....and the republicans were complaining about Sotomayer

[broadjumper1]

WTF? I guess equal protection under the law doesn't apply...

He needs to have a massive heart attack.

[upabittoolate]

Wow Michael, you said something that made sense. There's hope for you after all. In fact, there's Audacity of Hope. I never say this to you but the the hell: Godspeed.

[broadjumper1]

It's just like you to pick fights. Why can't you just agree with the remark without further comment?

[upabittoolate]

Kiss my ass Michael. You've done your fair share of fight picking too. Quit acting like a coy little girl. You're smart enough. You know EXACTLY what you do.

Hey how'd you like November?

[broadjumper1]

Ah, there's the upabittoolate we all love to hate...always stirring the shit.

I was pleased with the results. I voted Obama. You surprised? You think you know me...

[upabittoolate]

Whatever you say mate, I'm actually not reading your comments so you can give it a rest. I was merely giving you a driveby "Fuck You". Cheers.

[broadjumper1]

Right backatcha slick!

[citizenkong]

That man needs to retire.

[upabittoolate]

That man needs to kill himself.  But he's guilty so...

[citizenkong]

Haha!

[bart11114]

Yeah, David Souter retired and he was on the court for a shorter time.

[exbronco1980]

maybe he'll have a major stroke and live another twenty years. 20 miserable years.

[pmango1000]

exbronco: and you are probably one of those phony loiberals who is against captial punishment of rapists and merders but yet you support the slaughter of MILLIONS through abortion.

Capital Punishments since 1973: about 1300

Abortions performed since 1973: 49 MILLION

Give it up losers!

[exbronco1980]

do u ever give any money or do anything for poor women who are thinking of abortion?  most conservatives don't. all they do is tell them to pull themselves up by their bootstraps.

[pmango1000]

exbronco: yeah copnservatives say that becasue most conservatives HAVE pulled themselves up by their bootstraps!

[exbronco1980]

that's not really the issue tho. if one isn't willing to financially support a poor woman who is thinking of abortion, then one should have no say in the matter.

[pmango1000]

exbronco: willing? LOL welfare is automatic if the income qualifies, conservatives have no choice but to pay taxes and have it go to irresponsible people who are too poor to have children, yet get pregnant. (she didnt have to have sex!) oh yeah, and conservatives dont like murder of the innocent...a baby is the most innocent life there is!

[1prouddemocrat]

Keep in mind pmango1000, that overturning Roe v. Wade will NOT result in the end of abortions. Abortions were actually legal in certain U.S. states (including southern states like North Carolina BEFORE 1973). By overturning Roe v. Wade, you are simple returning abortion laws to the individual states. Only a constitutional amendment banning abortion will officially ban abortion.

[pmango1000]

1proud: whats ur point? u need to keep in mind that if capital punishment is done away people will still DIE, at the hands of the guys we let go or let live in prison (many death row inmates kill again in prison) and capital punishment keeps people from commiting murder

[1prouddemocrat]

pmango1000, I was making the point that simply getting rid of Roe v. Wade will not stop abortions in this country. And frankly I actually DO support capital punishment for heinous crimes such as murder and terrorism. There are some people who would be better removed from the gene pool.

[pmango1000]

1proud: I wasnt rallying for abortion to beend..I was mearly pointing out that the same people who villify pro- capital punishment judges, are the same people who fight for late term abortion and abortion on demand...most conservatives just want restrictions on abortions like parental approval for teens or mandated ultrasounds...most pregnant women who get ultrasound CHOOSE to keep the baby, thats REAL choice. We have restrictions on everything we do, except abortion.

[1prouddemocrat]

pmango1000, I agree that people who support abortion rights and oppose the death penalty are hypocritical. That said, it is untrue to say there are no restrictions on abortions. Abortion laws vary from state to state, and some states have banned late term abortions. And honestly, I'm pro life in the sense that I don't like abortions and I would NEVER encourage someone to get one.

[pmango1000]

1proud: understood, but there are little restrictions on abortions...some states teens can just walk in and get them, it only costs like $400. I just used late term as an example against the same people who fight to end capital punishment of murderers and rapists. All states allow it in early stages of pregnancies like its no big deal.

[thpt]

Oh my great googly moogly. That was astoundingly grotesquely perfect.

[DeagleBeagle]

Cries of the innocent are a symphony to my ears too