[eDebate] Alito.. YAY RE: Death penalty upheld by S. Ct.

Martin Harris mharris02
Wed Jun 28 08:02:43 CDT 2006

Isn't the Kansas Supreme Court a state entity, the branch that determines
what state laws mean? 

Kansas law yes, federal law, no.  If Kansas had used their own section 9 cruel and unusual amendment instead of the US Constitution's 8th amendment, the outcome very well may be different.  In this case, however, they relied on federal law to invalidate state law.  The Supreme Court ruled they misinterpreted the US Constitution.  This is part of their purview.  Not defending any other merits of the case, merely pointing out the problems created when state judiciaries rely on the federal Constitution instead of state Constitutions to render judgments.

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