Texas to execute Mexican killer today

[whitehall]

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.

 

[manifold]

But is he retarded?

 

[Sallow]

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)

 

[manifold]

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)

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?

 

[Sallow]

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)

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?

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.

 

[CrusaderFrank]

Notice to all Americans traveling in Mexico: Do not rape and murder any 16 year old girls.

Thank you.

 

[PLYMCO_PILGRIM]

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)

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?

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.

 

[whitehall]

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.

 

[manifold]

Notice to all Americans traveling in Mexico: Do not rape and murder any 16 year old girls.

Thank you.

Indeed.

That's only permissible in Thailand.

 

[Newby]

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)

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?

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.

Yeah, he's certainly worth saving.

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

According to court documents, the 16-year-old victim, Adrea Sauceda, was found naked when authorities discovered her body in May 1994.

"There was a 30- to 40-pound asphalt rock roughly twice the size of the victim's skull lying partially on the victim's left arm," court documents read. "Blood was underneath this rock. A smaller rock with blood on it was located near the victim's right thigh. There was a gaping hole from the corner of the victim's right eye extending to the center of her head from which blood was oozing. The victim's head was splattered with blood."

A "bloody and broken" stick roughly 15 inches long with a screw at the end of it was also protruding from the girl's vagina, according to the documents.

 

[High_Gravity]

So if you are not from the US and you come here and murder and rape someone, you are exempt from death row? The death penalty is for Americans only?

 

[Sallow]

Notice to all Americans traveling in Mexico: Do not rape and murder any 16 year old girls.

Thank you.

When my Dad was in Mexico, while driving, another car hit his car. The guy who hit my dad's car, did it for insurance purposes..and accused my Dad, a professional race car driver, of causing the accident. After spending a night in jail my Father was allowed to contact the embassy and they contacted his father who was an ambassador at the time.

Who was able to secure the release of my father with all charges dropped.

 

[Sallow]

So if you are not from the US and you come here and murder and rape someone, you are exempt from death row? The death penalty is for Americans only?

Nope

 

[High_Gravity]

So if you are not from the US and you come here and murder and rape someone, you are exempt from death row? The death penalty is for Americans only?

Nope

Than what is this UN treaty people are referencing to try and spare him?

 

[Sallow]

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)

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?

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.

I hope you are feeling the same way when an American traveling abroad is railroaded in some foreign backwater and they site this very case.

 

[Sallow]

So if you are not from the US and you come here and murder and rape someone, you are exempt from death row? The death penalty is for Americans only?

Nope

Than what is this UN treaty people are referencing to try and spare him?

No one is trying to "spare" him. They are just trying to follow procedure.

 

[Newby]

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?

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.

I hope you are feeling the same way when an American traveling abroad is railroaded in some foreign backwater and they site this very case.

So, this guy was 'railroaded'?

 

[PLYMCO_PILGRIM]

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?

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.

I hope you are feeling the same way when an American traveling abroad is railroaded in some foreign backwater and they site this very case.

Im not feeling anything one way or the other, my post was fact with my opinion on this case left out. I was just stating the legal facts of this matter of how the UN rules/treaties apply in the States.

And hasn't that happened recently in Iran anyway?

 

[High_Gravity]

Nope

Than what is this UN treaty people are referencing to try and spare him?

No one is trying to "spare" him. They are just trying to follow procedure.

It says in the OP they are trying to spare his life though.

 

[Baruch Menachem]

So Far as I can figure from the case, the only real issue for the Mexicans is that they were not notified when the treaty says they should have been. They are right to raise the issue. It is part of our international treaty obligation.

That said, once you cross a border, you are subject to that countries legal codes, and can be subject to its laws absolutely without recourse. You want to smoke a joint in Istanbul? Go ahead. When you come back to the US in 20 years, you will find there have been lots of changes.

I am pretty sure the Mexican consular official, when he read over the charges and talked to the inmate could have said only one thing to him. "Vaya con Dios."

And I am also sure, after looking over what was done, the Mexicans are quite happy to see the execution go through. There are lots of Mexican girls he could have done this to. It saved them the expense of a trial and execution in Mexico. In 1994 Mexico did have the death penalty. but it had not been used since 1964.