“[T]he powers of sovereignty are divided between the government of the Union, and those of the States. They are each sovereign, with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other.”
Summary: The prohibition against cruel and unusual punishments is a check against discretionary acts of courts to impose illegal and cruel punishments that are unknown to fixed law as practiced under the infamous court of Star Chamber. I thought it was about time to address the well-established ancient understanding of the Eighth Amendments provision for [...]
Lawyers for Patrick Kennedy, a Louisiana man who received a death sentence for raping a child has petitioned the U.S. Supreme Court to have his case heard before the justices. Kennedy’s legal team wants the court to declare Louisiana’s law allowing the death penalty for child rape unconstitutional. The petition asks the court to consider [...]