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Originally Posted by goaliemn
Many states passed laws that require them to stay so many feet away from the funeral procession and a federal law was passed requiring them to stay so many feet away from federal cemetery entrances. This wasn't done until they started picketing soldier funerals.
I'm going to get flamed for this I'm sure, but I don't see any constitutional right being violated by a rape.. Possibly the 14th amendment, but that would be a stretch.
Look at amendment 18. Prohibition. It was passed because of a very vocal minority opposed to drinking. It was repealed 14 years later, but it did pass. You can't tell me that didn't make life hard on a lot of people, plus helped bring the organized crime families to power.
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Prohibition was what....almost 90 years ago?
We've evolved/matured since then. Give up that line of argument because it leads no where.
You're right...no direct Constitutional right is deprived of someone when they are raped. So yes, I did sort of mis-state that. Because the Constitution's only power is to protect the people from the government. However the laws and punishments of rape have been upheld by the Constitution and the case before the Supreme Court is just that. I expect that they will find in favor of Louisiana.
The 8th Amendment is what is in question here:
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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If you know of anyone who has been a victim of child/sexual abuse/rape you know that in essence they fight their whole life to deal with the mental scars that it brought upon them. I know a few of these people. I for one, and expect that the court will find that capital punishment for such a crime wouldn't constitute 'cruel and unusual punishment'.