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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 June 27, 2008 / 24 Sivan 5768

Evolving Standards of Indecency

By David Limbaugh


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http://www.JewishWorldReview.com | The Supreme Court's barring of the death penalty for child rapists in Kennedy v. Louisiana underscores the hazards in the court's abandonment of moral absolutes in favor of "evolving standards of decency" and the court's unbridled arrogance in substituting its subjective judgment for the legislatively enacted will of the people.


In Kennedy, the court reversed the decision of the Louisiana Supreme Court to uphold the capital punishment of a convicted child rapist, holding that the Eighth Amendment's cruel and unusual punishment clause prohibits executing such offenders "where the crime did not result, and was not intended to result, in the victim's death."


A United States Supreme Court with a majority of Constitution-respecting justices would have evaluated the Louisiana statute in light of the originally understood meaning of the cruel and unusual punishment clause.


Instead, today's sometimes Obama-inclined liberal activist majority subordinated to the lowest rung the clause's original meaning in favor of "the evolving standards of decency that mark the progress of a maturing society."


And how does the majority identify that new, enlightened standard applicable to child rape cases not resulting or intended to result in death?


Simple. "The Court is guided by 'objective indicia of society's standards, as expressed in legislative enactments and state practice with respect to executions.'" And the majority, in its infinite wisdom, concluded that there exists a "national consensus against capital punishment for the crime of child rape."


The only consensus that should matter to the court is that reflected by the Louisiana legislature — a consensus that ought not be circumvented, in any event, by the national will when it involves a matter of state law.


But put that aside for a moment, as well as the court's fallacious analysis — systematically demolished by Justice Alito in his dissent — in finding that such a national consensus exists. Let's consider the legitimacy of the court applying an "evolving standard" in the first place to interpret the Constitution.


Does it not follow that if provisions of the Constitution can change by fiat of the high court solely on the basis of its perceived assessment of a national consensus on any particular question, the Constitution's restrictive amendment process — which requires supermajorities and imposes other hurdles — is rendered meaningless?


The majority can flower its language all it wants, but in the end, this reference to a national consensus to interpret the Constitution is just a disguised rationale for liberal judicial activism. It's the court's pseudo-intellectual, specious excuse for imposing its own policy judgments on the American people under the cover of interpreting law.


Liberals fashion themselves as protectors of fundamental rights, even as against the "tyranny of the majority." But they only selectively apply that principle, readily dispensing with it when it interferes with their policy preferences.


The Constitution establishes a framework to maximize liberties not by making them absolute, but by pitting competing branches and levels of government against each other and enshrining certain rights and prerogatives that can't be abolished outside of the prescribed constitutional procedures.


If we continue to surrender the more permanent structural framework of the Constitution to the shifting sands of ever-changing national opinions, we'll see our liberty evaporate drip by drip, until we end up like all other great nations preceding us.


But the national consensus analysis, as bad as it is, is symptomatic of the deeper-rooted standard the court insists on invoking with increasing frequency: "the evolving standards of decency that mark the progress of a maturing society."


The very enunciation of such "standards" betrays the majority's abandonment of the Framers' Judeo-Christian-inspired belief in moral absolutes. It mocks the biblical description of man as a fallen creature. It arrogantly presumes — despite a wealth of objective evidence to the contrary, including the multiplicity of godless atrocities in the 20th century alone — that we human beings are forever improving on G-d's moral standards. Of course, that's not difficult to accept if you reject the existence of G-d.


Are we evolving as a morally mature society when we permit the killing of babies in — and halfway outside — the womb? When we permit such obscenely sloppy formulations as "one man's terrorist is another man's freedom fighter"? When we glorify so much else that is abominable in the sight of G-d?


If we are evolving to the point that, on supposed moral grounds, we won't let sovereign state legislatures sanction execution for a sadistic creature who raped his 8-year-old stepdaughter — giving her "a laceration to the left wall of her vagina" and "causing her rectum to protrude into the vaginal structure," tearing "her entire perineum from the posterior fourchette to the anus" and requiring emergency surgery — I weep for all of our children and our society.

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David Limbaugh, a columnist and attorney practicing in Cape Girardeau, Mo. Comment by clicking here.


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