Maybe The Establishment Clause Was A Bad Idea

Posted on | June 19, 2010 | 23 Comments

by Smitty

World opinion condemns the US for a ‘savage’ execution

Setting aside the fact that Utah is not ‘the US’, if we lacked the Establishment Clause of the First Amendment, we could have a State Religion. Then the execution of Ronnie Lee Gardner could be chalked up to honor killing.

Personally, the death penalty is a perfect example of State’s Rights: if you think it’s a bad idea, move to a state without the practice. For the record, I’m not a huge fan, due to the costs involved of achieving the required level of certainty.

Then again, for a Timothy McVeigh case, it may be a deterrent.

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Category: Crime

Comments

23 Responses to “Maybe The Establishment Clause Was A Bad Idea”

CGHill
June 20th, 2010 @ 2:44 am

I have no idea whether it’s a deterrent or not, but it does definitely cut down on recidivism.
CGHill
June 19th, 2010 @ 10:44 pm

I have no idea whether it’s a deterrent or not, but it does definitely cut down on recidivism.
Joe
June 20th, 2010 @ 3:50 am

I am not a huge fan for run of the mill felony murders, but there are some individuals who just need killin.
Joe
June 19th, 2010 @ 11:50 pm

I am not a huge fan for run of the mill felony murders, but there are some individuals who just need killin.
Joe
June 20th, 2010 @ 4:08 am

Meanwhile in Australia: <a href="http://pajamasmedia.com/instapundit/101496/"No Asians!
Joe
June 20th, 2010 @ 12:08 am

Meanwhile in Australia: <a href="http://pajamasmedia.com/instapundit/101496/"No Asians!
Joe
June 20th, 2010 @ 4:09 am

Meanwhile in Australia: No Asians!
Joe
June 20th, 2010 @ 12:09 am

Meanwhile in Australia: No Asians!
Estragon
June 20th, 2010 @ 4:51 am

I think it should be reserved for the most egregious crimes, and am horrified at the number of such egregious crimes which are committed. But there are some offenses for which any lesser sentence would not suffice.

Gardner, like every man executed by firing squad in Utah, chose his own fate.

Joe ~ That “No Asians!” thing is almost as offensive as allowing Santa Claus to parade the streets every Christmas season, insulting black women.
Estragon
June 20th, 2010 @ 12:51 am

I think it should be reserved for the most egregious crimes, and am horrified at the number of such egregious crimes which are committed. But there are some offenses for which any lesser sentence would not suffice.

Gardner, like every man executed by firing squad in Utah, chose his own fate.

Joe ~ That “No Asians!” thing is almost as offensive as allowing Santa Claus to parade the streets every Christmas season, insulting black women.
DaveP.
June 20th, 2010 @ 5:08 am

I’d rather pay to see them die than pay to keep them alive.
I’ll also point out that the major part of the expense is the ludicrous search for “humane” and “civilized” ways to administer lethal punishment, which is mealymouthed at best and hypocritical at worst. Death is death, killing is killing; be practical about the issue- get a rope or a bullet to the back of the head- and leave it at that.
DaveP.
June 20th, 2010 @ 1:08 am

I’d rather pay to see them die than pay to keep them alive.
I’ll also point out that the major part of the expense is the ludicrous search for “humane” and “civilized” ways to administer lethal punishment, which is mealymouthed at best and hypocritical at worst. Death is death, killing is killing; be practical about the issue- get a rope or a bullet to the back of the head- and leave it at that.
Erich Madden
June 20th, 2010 @ 5:23 am

The only thing egregious and savage here is that it took TWENTY-FIVE FREAKIN YEARS before justice was done. There was zero doubt or question of guilt in the lawyer shooting. Justice should have taken a total of one day after his capture.
Erich Madden
June 20th, 2010 @ 1:23 am

The only thing egregious and savage here is that it took TWENTY-FIVE FREAKIN YEARS before justice was done. There was zero doubt or question of guilt in the lawyer shooting. Justice should have taken a total of one day after his capture.
Rob Birch
June 20th, 2010 @ 4:32 am

I second the motion Joe.
Rob Birch
June 20th, 2010 @ 8:32 am

I second the motion Joe.
bob sykes
June 20th, 2010 @ 6:29 pm

The establishment claus was put into the Bill of Rights to prevent the US Government from establishing its own Church and to prevent it from disestablishing the already existing State Churches. The Commonwealth of Massachusetts had the Congregational Church as its official church until the 1840s. The 14th Amendment was used by the Warren Court to impose the establishment clause on the States.

Some people believe the 14th Amendment also imposes the 2nd Amendment on the States, but the courts have chosen not to use it that way.
bob sykes
June 20th, 2010 @ 2:29 pm

The establishment claus was put into the Bill of Rights to prevent the US Government from establishing its own Church and to prevent it from disestablishing the already existing State Churches. The Commonwealth of Massachusetts had the Congregational Church as its official church until the 1840s. The 14th Amendment was used by the Warren Court to impose the establishment clause on the States.

Some people believe the 14th Amendment also imposes the 2nd Amendment on the States, but the courts have chosen not to use it that way.
just a conservative girl
June 20th, 2010 @ 10:20 pm

Timothy McVeigh is the poster child of why we shouldn’t have the death penalty. He wanted to die. Too easy. Keeping him in a 8 x 8 cage 23 hours a day would have been much worse.
just a conservative girl
June 20th, 2010 @ 6:20 pm

Timothy McVeigh is the poster child of why we shouldn’t have the death penalty. He wanted to die. Too easy. Keeping him in a 8 x 8 cage 23 hours a day would have been much worse.
Mr.K
June 21st, 2010 @ 4:38 pm

I believe in the death penalty for justice and for proper punishment. No human deserves life after murdering another human; their life is worthless after committing such an act, and it should only be acceptable to end such life. I favor death for all murderers; life is for the innocent, not the guilty.
Mr.K
June 21st, 2010 @ 12:38 pm

I believe in the death penalty for justice and for proper punishment. No human deserves life after murdering another human; their life is worthless after committing such an act, and it should only be acceptable to end such life. I favor death for all murderers; life is for the innocent, not the guilty.
Moi? Rant? Perish the Thought! at Haemet
June 21st, 2010 @ 3:28 pm

[…] In light of world-wide*condemnation of Utah’s execution of a convicted killer, Smitty of The Other McCain makes a reasoned case for both federalism and the Establishment Clause. […]