Posted on 08/03/2016 2:41:55 AM PDT by Olog-hai
Delaware’s death penalty law is unconstitutional in light of a U.S. Supreme Court ruling earlier this year, the state's high court ruled Tuesday.
In a 148-page opinion, a majority of Delaware Supreme Court justices said the state law violates the U.S. Constitution because it allows a judge to sentence a person to death independently of a jury’s recommendation. …
(Excerpt) Read more at hosted.ap.org ...
Easily fixed
Just like the court enables black robed tyrants to do away with the law entirely.
/Major Eyeroll.
Isn’t it unconstitutional for judges to make laws?
Yes. Just as unconstitutional as Congress to shift its enumerated powers to the executive branch.
liberals, liberals, liberals...... been ruining our country for 40+ years.... just making up the law and US Constitution as they go..... judge-made law.
It goes like this
1) start with position A
2) make a new law that is the OPPOSITE of what you want, position B
3)get a judge to ‘repeal’ that law, declaring that the opposite must then be the law. (new position C which is the opposite of B)
Notice they don't ‘repeal’ the law and go back to previous position, position A, which USED TO BE the meaning of ‘repeal’, but they go to a whole new position C.
That is how they got gay marriage, for example.
They never would have gotten voters to vote for gay marriage, so they passed a law AGAINST gay marriage, then found a judge to declare it unconstitutional, thereby making gay marriage a new ‘law of the land’.
(Notice this never works for concealed carry though...)
They stop appealing the decision to higher courts when they get what they want. Just like they recount votes in close elections until the democrat wins and then stop.
Some one should file suit that says LAWS MADE BY JUDGES ARE UNCONSTITUTIONAL! That would get their panties in a twist.
LIKE
There’s a lot of irony in whining about judges making new law while supporting a judge’s right to overrule a jury.
It is also how they got gays openly into the military.
A repeal of “don’t ask don’t tell (DADT)” would have been back to “ask and kick out.” DADT was not repealed—it was expanded.
I’m no lawyer but I am under the impression that a judge’s ability to overrule a jury is limited. Isn’t it the case that a judge can overturn a guilty verdict but cannot overturn a not guilty verdict?
IF ONLY we can make those judges pay for all the incarceration expense of the persons they have so much compassion about.
If the state won’t then it is up to the family and kin.
Someone finally gets it.
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