Obama tries to stop Texas execution

Discussion in 'Politics' started by percysunshine, Jul 2, 2011.

  1. percysunshine
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    percysunshine Gold Member

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    "WASHINGTON — The Obama administration took the unusual step Friday of asking the Supreme Court to stop Texas from executing a Mexican citizen convicted of raping and killing a 16-year-old girl.

    The administration said the court should delay the planned July 7 execution of Humberto Leal for up to six months to give Congress time to consider legislation that would directly affect Leal's case.

    The 38-year-old native of Monterrey wasn't told he could contact the Mexican Consulate after his arrest in the murder of Adria Sauceda. His lawyers say police violated an international treaty by not telling Leal he could have consular assistance.

    Legislation pending in the Senate would allow federal courts to review cases of condemned foreign nationals to determine if the lack of consular help made a significant difference in the outcome of their cases. Last week, a federal judge refused to delay the execution.

    The Supreme Court has previously ruled that states can't be forced to comply with the provisions of treaties without some intervening federal legislation."


    Read more: Obama administration calls for halt to Texas execution | Houston & Texas News | Chron.com - Houston Chronicle


    I am not sure the Feds can stop it. A Federal court cannot stay a State court. Looks like another trip and fall for the Obama administration and a chance for Perry to give Obama the finger.
     
  2. CrusaderFrank
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    CrusaderFrank Diamond Member

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    If Illegal Aliens aren't free to rape and murder our 16 year old daughters, are any of us truly free?
     
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  3. editec
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    editec Mr. Forgot-it-All

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    WHAT?!?!

    If they did that, the SCOTUS has lost its collective mind.

    Treaties are the law of the LAND.

    The states do not get to parce out what parts of a treaty they like.
     
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  4. rightwinger
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    rightwinger Award Winning USMB Paid Messageboard Poster Gold Supporting Member Supporting Member

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    It would be a shame if Texas doesn't get it's quota of executions
     
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  5. percysunshine
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    percysunshine Gold Member

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    But it makes sense that Federal legislation must first be passed. Otherwise State law would mean nothing. There would be no States Rights, and we would all live in a giant Washington D.C., with Congress writing our traffic laws.
     
  6. Jack Fate
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    Jack Fate I'm Your Daddy

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    Even the UN wants Perry to stop the execution. That should be good enough reason to carry it out.

    [ame=http://www.youtube.com/watch?v=22Mrez7ahZA]YouTube - ‪Screw you, We're from Texas‬‏[/ame]
     
  7. RetiredGySgt
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    RetiredGySgt Diamond Member

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    The Federal Government must prove that failure to tell him about the Consular help materially effected the outcome of the trial. I do not see that happening. The State already gave him an appeal process and that was brought up in appeal and he lost.

    The Supreme Court can in fact overturn State Courts when they violate Federal Law. There is a process for that. The Obama administration will have to convince the Court that A) Federal laws were violated. And B) the Supreme Court is the proper remedy.

    Since there currently is no actual Federal law on the subject the Administration will have to plead that the Treaty rights granted by said Treaty raise to the level of breaking Federal Law.

    I will go on record as saying that this case should go to the Supreme Court but that I have no opinion on what the Court should decide. If the Conservatives REALLY are Conservatives that believe the Constitution is the LAW of the land they have to grant the case.

    But unless it can be shown that the convicted man was materially denied due process then it should fail.
     
  8. percysunshine
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    percysunshine Gold Member

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  9. Care4all
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    Care4all Warrior Princess Supporting Member

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    no percy, that makes no sense, what so ever.

    the States have no say, other than their state's federal representation in the u.s. house and senate, when it comes to ratifying treaties.

    The Constitution STATES SUCH.
     
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  10. Jack Fate
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    Jack Fate I'm Your Daddy

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    He is guilty. Due process is not going to change that fact.
     

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