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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review March 2, 2005 / 21 Adar I, 5765

Black robes and betrayal

By Tony Blankley


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http://www.JewishWorldReview.com | The United States Supreme Court has struck again — this time overturning by a 5-4 decision, all statutes that apply the death sentence to 16- and 17-year-old murderers.


As a former prosecutor I am convinced that from time to time juries find before them 16- or 17-year-old defendants who understand full well the vicious nature of their murders and deserve — after receiving the full panoply of due process — to be fried, gassed, hanged, shot, injected or otherwise sent promptly to hell.


Even if you are of a sympathetic nature and believe that the little 17-year-old darlings deserve to be rehabilitated, you might still find this Supreme Court opinion stomach turning for its sheer disdain of logic, public attitudes and American law.


But first: The crime, as described yesterday by Justice Kennedy in Roper v. Simmons, writing for the majority: "At the age of 17, when he was still a junior in high school, Christopher Simmons ... committed murder ... There is little doubt that Simmons was the instigator of the crime. Before its commission, Simmons said he wanted to murder someone. In chilling, callous terms he talked about his plan with his friends ... Simmons proposed to commit burglary and murder by breaking and entering, tying up a victim and throwing the victim off a bridge. Simmons assured his friends they could "get away with it" because they were minors."


A few hours later, he proceeded to do just that, breaking into a home, covering the victim's head in a towel, wrapping her up in duct tape and tying her hands and legs together with electrical wire. Then he drove her to a bridge and threw her off into the water, where helpless, she drowned.


The question before the Supreme Court was whether this presented a case of cruel and unusual punishment in violation of the 8th Amendment to our Constitution. No, the court was not concerned with whether being assaulted in your home, wrapped in a towel, duct tape and electrical wire, and thrown off a bridge was cruel and unusual punishment. That's OK. The Court is only concerned with whether it was cruel and unusual to execute the strapping 17-year-old murderer who did it.


The gist of the majority's analysis is that whether the crime is constitutionally "unusual" depends on whether "evolving standards of decency" have reached the point in our history when such punishment has been clearly rejected by society.


It happens that only 15 years ago, the Supreme Court found that the kind of statute in question was constitutional. But, rather than overturning that case, yesterday, the court found that in the last 15 years, a national consensus against such punishment had emerged.


The majority based that conclusion on the fact that "18 states — or 47 percent of states that permit capital punishment — now have legislation prohibiting the execution of offenders under 18," and four of those states have adopted such legislation since the Supreme Court's ruling of 15 years ago.


As Justice Anton Scalia fumed in his dissent: "Words have no meaning if the views of less than 50 percent of death penalty States can constitute a national consensus. Our previous cases have required overwhelming opposition to a challenged practice, generally over a long period of time." In this case, a majority of relevant states approve the practice.


Recognizing that they were arguing a rather weak set of facts regarding a national consensus, the majority supplemented its argument with the self-aggrandizing assertion that "In the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the Eighth Amendment." Outrageously, the court asserts such power because, as Justice Scalia characterized, "juries cannot be trusted with the delicate task of weighing a defendant's youth along with other mitigating factors." This assertion, of course, undermines "the very foundations of our capital sentencing system."


The majority, still sensing its arguments to be rather feeble, went on to try to buttress their case further by citing a menagerie of international treaties and foreign laws, claiming: "The opinion of the world community, while not controlling our outcome, does provide respected and significant confirmation for our own conclusions."


In support thereof they cited, inter alia, the U.N. Convention on the Rights of the Child, a treaty before signing which the United States Government expressly reserved "the right ... to impose capital punishment on any person (other than a pregnant woman) ... "


To which Justice Scalia observed in his dissent: "Unless the Court has added to its arsenal the power to join and ratify treaties on behalf of the United States, I cannot see how this evidence favors, rather than refutes, [the majority's] position."


After Justice Kennedy used five pages of his logically incoherent majority opinion to cite a hodgepodge of foreign laws, he limply and defensively concluded his opinion: "It does not lessen our fidelity to the Constitution or our pride in its origins to acknowledge that the express affirmation of certain fundamental rights by other nations and people simply underscores the centrality of those same rights within our own heritage of freedom."


When a Supreme Court Justice feels it necessary to write as the closing words of his opinion that he still holds fidelity to the Constitution, it is more than reasonable to assume he knows he has just betrayed that sacred document. But at least he has vouchsafed his popularity at liberal cocktail parties for another year.

Every weekday JewishWorldReview.com publishes what many Washington and the media consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.




Tony Blankley is editorial page editor of The Washington Times. Comment by clicking here.



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