Texas to execute Mexican killer today

Discussion in 'Law and Justice System' started by whitehall, Jul 7, 2011.

  1. whitehall
    Offline

    whitehall Gold Member

    Joined:
    Dec 28, 2010
    Messages:
    27,809
    Thanks Received:
    4,340
    Trophy Points:
    290
    Location:
    Western Va.
    Ratings:
    +10,773
    It's an interesting states rights issue as well as a legal one. Humberto Garcia has been on Texas death row since 1994 when he was convicted of raping and killing a woman. He is a Mexican national and the president and the Secretary 'O State are citing a UN Treaty in order to try to spare his life. Governor Perry is determined to let the execution go through. Will president Barry call out the Troops to save this murderer's life and cause another Alamo standoff? The Feds don't have a case. The Supreme Court already ruled in a similar case in 2008 that states are not obligated to comply with UN treaties.
     
  2. manifold
    Offline

    manifold Diamond Member

    Joined:
    Feb 19, 2008
    Messages:
    48,710
    Thanks Received:
    7,230
    Trophy Points:
    1,830
    Location:
    your dreams
    Ratings:
    +20,760
    But is he retarded?
     
  3. Sallow
    Offline

    Sallow The Big Bad Wolf. Supporting Member

    Joined:
    Oct 4, 2010
    Messages:
    56,535
    Thanks Received:
    6,132
    Trophy Points:
    1,840
    Location:
    New York City
    Ratings:
    +7,394
    The Constitution is supreme. States are obligated to follow the treaties entered into by the Federal government.

    It's surprising you don't know that. (Well not really)
     
  4. manifold
    Offline

    manifold Diamond Member

    Joined:
    Feb 19, 2008
    Messages:
    48,710
    Thanks Received:
    7,230
    Trophy Points:
    1,830
    Location:
    your dreams
    Ratings:
    +20,760
    I don't know the facts of the case, but the OP clearly referenced a UN Treaty, not a US Treaty. Could that be the difference?
     
  5. Sallow
    Offline

    Sallow The Big Bad Wolf. Supporting Member

    Joined:
    Oct 4, 2010
    Messages:
    56,535
    Thanks Received:
    6,132
    Trophy Points:
    1,840
    Location:
    New York City
    Ratings:
    +7,394
    Hmm..not sure..but clearly the President sees a legal issue here..and clearly there are some reciprocity issues. As a great many Americans travel in Mexico each year..personally I wouldn't want that to become a problem to them if they face legal challenges in that country.
     
  6. CrusaderFrank
    Offline

    CrusaderFrank Diamond Member

    Joined:
    May 20, 2009
    Messages:
    81,221
    Thanks Received:
    14,910
    Trophy Points:
    2,210
    Ratings:
    +36,991
    Notice to all Americans traveling in Mexico: Do not rape and murder any 16 year old girls.

    Thank you.
     
    • Thank You! Thank You! x 1
  7. PLYMCO_PILGRIM
    Offline

    PLYMCO_PILGRIM Gold Member

    Joined:
    Jul 3, 2009
    Messages:
    17,416
    Thanks Received:
    2,855
    Trophy Points:
    183
    Location:
    America's Home Town
    Ratings:
    +2,863
    Yes there is a difference and in this instance that difference applies. The Federal and State constitutions can not be trumped by UN agreement according to the precedent of the case from 2008 that was brought up earlier.
     
  8. whitehall
    Offline

    whitehall Gold Member

    Joined:
    Dec 28, 2010
    Messages:
    27,809
    Thanks Received:
    4,340
    Trophy Points:
    290
    Location:
    Western Va.
    Ratings:
    +10,773
    All I can tell you is that the '08 case ruled against president Bush and the left didn't seem to have a problem with it. Justice Roberts wrote the majority opinion and regarding the Vienna Treaty he said "this is not domestic law thereby limiting the president's power over states". The Mexican killer was executed at that time.
     
  9. manifold
    Offline

    manifold Diamond Member

    Joined:
    Feb 19, 2008
    Messages:
    48,710
    Thanks Received:
    7,230
    Trophy Points:
    1,830
    Location:
    your dreams
    Ratings:
    +20,760
    Indeed.

    That's only permissible in Thailand.
     
  10. Newby
    Offline

    Newby Does it get any better? Supporting Member

    Joined:
    Jan 6, 2009
    Messages:
    9,094
    Thanks Received:
    1,577
    Trophy Points:
    190
    Ratings:
    +1,703
    Yeah, he's certainly worth saving.

    Mexican National Inmate on Death Row Creates International Stir - FoxNews.com

     
    • Thank You! Thank You! x 1

Share This Page

Search tags for this page

medellin v texas wikipedia