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Criminal Law

: Crime & Federalism

"Scalia's Constitution" Has No Moral Authority

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Scalia has once again revealed himself to be a tyrant and a sociopath. Today Justice Antonin Scalia implied that, under the United States Constitution, an innocent person can be killed by the state. In In Re Troy Anthony Davis, Justices Scalia and Thomas stated: This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt thatany claim based on alleged 'actual innocence' is constitutionally cognizable.That is the end result of originialism. That is the preferred outcome of the war against substantive due process...continue to full post

Full post as published by Crime & Federalism on August 17, 2009 (boomark / email).

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