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Mack View Drop Down
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    Posted: 06 July 2011 at 4:14pm
Link

There's more the article but this provides the basic idea.

Originally posted by article article wrote:

President Obama is asking the Supreme Court to stay tomorrow's planned execution of a Mexican citizen in Texas, arguing it could do "irreparable harm" to U.S. interests abroad.

In 1994, Humberto Leal Garcia Jr. was convicted of rape and murder and sentenced to death. Few doubt that he's guilty of the crime, but an omission in the handling of his case may make things tough for American citizens arrested abroad: Leal wasn't told that he could contact the Mexican Consulate.

Perhaps I'm reading to much into this but I can't help but get the feeling that FE isn't the only one who doesn't fully grasp the concept of the separation of legislative, executive, and judicial functions.



Edited by Mack - 07 July 2011 at 12:52pm
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Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 4:21pm
Originally posted by Mack Mack wrote:

Perhaps I'm reading to much into this but I can't help but get the feeling that FE isn't the only one who doesn't fully grasp the concept of the separation of legislative, executive, and judicial functions.


The precedent has existed, I do believe, for a while now that the "executive" has the ability to place a stay on an execution. 

Thus state governors being well within their powers to grant a stay of execution. You know, the red phone and all that. 

Disagreeing with the decision to grant the stay is one thing, but the stay itself is part of the established checks and balance system. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Linus Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 4:41pm
I don't see it being stayed, as the US Supreme Court has already ruled on the matter;

Quote the U.S. Supreme Court ruled in 2008 that neither Texas nor any U.S. state could be held to an international treaty unless Congress passed a law binding them to it.




I don't see the USSC doing a proactive stay for a law that may or may not get passed.

Edited by Linus - 06 July 2011 at 4:47pm

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Post Options Post Options   Thanks (0) Thanks(0)   Quote impulse418 Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 5:19pm
The government should not have the power to decide if one lives or not.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote choopie911 Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 5:26pm
Originally posted by impulse418 impulse418 wrote:

The government should not have the power to decide if one lives or not.



Which side of the fence are you sitting on for this issue? Just curious, because your statement works on both.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote deadeye007 Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 5:29pm
It's one thing to be visiting another country and need a consulate after being arrested, but this guy lived in Texas since age 2. I'm speculating here, but I don't believe he intended on going back to Mexico and this is just an attempt to find a loophole.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote impulse418 Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 5:58pm
Originally posted by choopie911 choopie911 wrote:

Originally posted by impulse418 impulse418 wrote:

The government should not have the power to decide if one lives or not.



Which side of the fence are you sitting on for this issue? Just curious, because your statement works on both.


Capital punishment needs to be abolished on a Federal level.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gatyr Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 6:23pm
Originally posted by impulse418 impulse418 wrote:

The government should not have the power to decide if one lives or not.

Out of sheer curiosity, does this extend to wartime matters and abortion?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 6:38pm
Originally posted by impulse418 impulse418 wrote:

Originally posted by choopie911 choopie911 wrote:

Originally posted by impulse418 impulse418 wrote:

The government should not have the power to decide if one lives or not.



Which side of the fence are you sitting on for this issue? Just curious, because your statement works on both.


Capital punishment needs to be abolished on a Federal level.



Why not also on the state level? 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote impulse418 Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 6:46pm
Gatyr: Applies to wartime. Abortion is the mothers choice, not a governing body.

Whale: To clarify, Federal and down the chain. So same with state
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Linus Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 6:52pm
Originally posted by impulse418 impulse418 wrote:

Gatyr: Applies to wartime.
Abortion and capital punishment aside, let me get your view straight:


You're advocating disbanding the military?



Edited by Linus - 06 July 2011 at 6:52pm

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Donald Blake Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 7:48pm
Originally posted by agentwhale007 agentwhale007 wrote:

Originally posted by Mack Mack wrote:

Perhaps I'm reading to much into this but I can't help but get the feeling that FE isn't the only one who doesn't fully grasp the concept of the separation of legislative, executive, and judicial functions.


The precedent has existed, I do believe, for a while now that the "executive" has the ability to place a stay on an execution. 

Thus state governors being well within their powers to grant a stay of execution. You know, the red phone and all that. 

Disagreeing with the decision to grant the stay is one thing, but the stay itself is part of the established checks and balance system. 


Didn't read the article, but I am guessing Mack's beef isn't with an executive stay, but what appears to be the President attempting to influence the Supreme Court's ruling on a judicial decision.  If that is the case, then I think I agree with Mack - it does appear inappropriate at first blush.

Of course, Presidents try to influence legislative decisions all the time, but somehow judicial decisions feel different.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote impulse418 Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 7:55pm
Originally posted by Linus Linus wrote:

Originally posted by impulse418 impulse418 wrote:

Gatyr: Applies to wartime.
Abortion and capital punishment aside, let me get your view straight:


You're advocating disbanding the military?



I was thinking more along the lines of military executions of war criminals.

But anyway "conflicts" being fought right now, should be construed as murder anyway, especially Libya!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 06 July 2011 at 8:00pm
Originally posted by Donald Blake Donald Blake wrote:

 but somehow judicial decisions feel different.

It's all in the robes. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mack Quote  Post ReplyReply Direct Link To This Post Posted: 07 July 2011 at 12:55pm
Originally posted by Donald Blake Donald Blake wrote:


Didn't read the article, but I am guessing Mack's beef isn't with an executive stay, but what appears to be the President attempting to influence the Supreme Court's ruling on a judicial decision.  If that is the case, then I think I agree with Mack - it does appear inappropriate at first blush.

Of course, Presidents try to influence legislative decisions all the time, but somehow judicial decisions feel different.


Nail      on        the         head.

That is exactly what bugs me about this.  Especially when you get into the part about wanting the stay until the law can be changed.*

*Which wouldn't be retroactive anyway would it?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote FreeEnterprise Quote  Post ReplyReply Direct Link To This Post Posted: 07 July 2011 at 3:22pm
Presidents manipulate the court all the time.
 
look at his latest "judge" you know, the one who said she had nothing at all to do with obamacare...
 
yeah, right.
 
Course she will end up being a vote for him...
 
"the ends justify the means" is one of the foundations of the liberal rule book.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Donald Blake Quote  Post ReplyReply Direct Link To This Post Posted: 07 July 2011 at 4:37pm
Originally posted by FreeEnterprise FreeEnterprise wrote:

 
look at his latest "judge"

"Judge" indeed - she is no judge.






She is an Associate Justice of the Supreme Court, which is entirely different.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 07 July 2011 at 4:44pm
Originally posted by Donald Blake Donald Blake wrote:

Originally posted by FreeEnterprise FreeEnterprise wrote:

 
look at his latest "judge"

"Judge" indeed - she is no judge.






She is an Associate Justice of the Supreme Court, which is entirely different.

I'm a big fan of the modern use of full quotation marks as an attempt at linguistic sneering. I'm seeing it more and more on the Internet in places where politics are oft debated, like here and FARK. 

Anything you don't like, just toss it in quotes as an attempt to present it as lesser, or fake. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mack Quote  Post ReplyReply Direct Link To This Post Posted: 07 July 2011 at 6:40pm
Originally posted by agentwhale007 agentwhale007 wrote:

Originally posted by Donald Blake Donald Blake wrote:

Originally posted by FreeEnterprise FreeEnterprise wrote:

 
look at his latest "judge"

"Judge" indeed - she is no judge.






She is an Associate Justice of the Supreme Court, which is entirely different.

I'm a big fan of the modern use of full quotation marks as an attempt at linguistic sneering. I'm seeing it more and more on the Internet in places where politics are oft debated, like here and FARK. 

Anything you don't like, just toss it in quotes as an attempt to present it as lesser, or fake. 


Hmmmmm . . .



. . . how about that "FE" guy?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote agentwhale007 Quote  Post ReplyReply Direct Link To This Post Posted: 07 July 2011 at 6:43pm
Originally posted by Mack Mack wrote:

 
. . . how about that "FE" guy?

He sure "posts" on this forum. 

Oh, and upon your point being clarified, then I see where you're coming from. Sorry for missing your point earlier. 
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