The per­verse ef­fects of ju­di­cial ac­tivism

The Washington Times Weekly - - Letters To The Editor -

The Supreme Court has de­cided to re­view whether lethal in­jec­tions con­sti­tute “cruel and un­usual pun­ish­ment” in cap­i­tal crimes cases.

I be­lieve this to be a den­i­gra­tion of our Con­sti­tu­tion and the dis­par­age­ment of our en­tire ju­di­cial sys­tem. When the Con­sti­tu­tion was rat­i­fied, ex­e­cu­tions by hang­ing and the fir­ing squad were al­most daily oc­cur­rences in the states. Those meth­ods were ob­vi­ously not in vi­o­la­tion of the Con­sti­tu­tion. By com­par­i­son, lethal in­jec­tions to­day are as hu­mane as pos­si­ble for the con­demned.

Ob­vi­ously, there is some­thing much more sin­is­ter go­ing on here, and that some­thing is ju­di­cial ac­tivism, rule by ju­di­cial fiat and a not-so-sub­tle method­ol­ogy that pros­ti­tutes the en­tire ju­di­cial sys­tem for the ad­vance­ment of po­lit­i­cal goals. In this case, the goal is clearly the to­tal abo­li­tion of cap­i­tal pun­ish­ment in spite of the will of the Amer­i­can peo­ple.

When­ever our courts is­sue rul­ings, they are al­ways couched in such le­gal ter­mi­nol­ogy that they are al­most im­pos­si­ble for the com­mon man to un­der­stand or com­pre­hend. I be­lieve that is in­ten­tional.

Our Con­sti­tu­tion was drafted by men of great wis­dom as a writ­ten con­tract be­tween the peo­ple of the United States and their gov­ern­ment. It means what it says. That's what a con­tract is. It was writ­ten not to give the peo­ple rights, but to re­strict the power of gov­ern­ment in our lives. It was framed to al­low for rea­son­able ad­just­ments as op­posed to ab­surd in­ter­pre­ta­tions.

Crim­i­nals have rights, but so do vic­tims, their fam­i­lies and the Amer­i­can peo­ple. Even if this court should ul­ti­mately rule in fa­vor of those states uti­liz­ing lethal in­jec­tion, the dam­age to clear pre­cepts in the Con­sti­tu­tion has again been done. It is truly a sad day to see our Con­sti­tu­tion and our form of gov­ern­ment so abused through ju­di­cial ac­tivism, some­thing our Found­ing Fa­thers never in­tended or en­vi­sioned. James D. Cool U.S. Se­cret Ser­vice, re­tired Johns Creek, Ge­or­gia

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