August 06, 2008

Justice Prevails

Mexican national Jose Ernesto Medellin, whose death penalty conviction in the rape and murder of two teen girls sparked international controversy, was put to death in Texas on Tuesday night, prison officials said. Medellin's appeal pitted President Bush against his home state in a dispute over federal authority, local sovereignty and foreign treaties.

This is was one of the Mexican criminals that the International Court of Justice was crying over. I am glad that US and Texas Law prevailed. We don't need the monkeys on the International Court of Justice ruining our great nation of laws. The U.S. Supreme Court denied the last-ditch appeal of a Mexican national on Texas' death row late Tuesday, paving the way for him to be executed for a pair of brutal slayings, state corrections officials said.

Good for them.

At issue is an international court's ruling that Medellin and about 50 other Mexicans have been illegally denied access to their home country's consul.

The international treaty/international law may bind Congress, but law enforcement in the US simply has to follow US law. It is Congress's duty to promptly pass laws to bring the US into compliance with international accords. Texas authorities followed the law in this case.

They argued that Congress and the Texas Legislature should be given a chance to pass legislation that would give their client a new hearing before punishment is carried out.

Such a bill is pending in Congress, but no recent action has been taken in either chamber. In an August 1 letter, three Democrats on the House Judiciary Committee urged Texas Gov. Rick Perry, a Republican, to postpone executions "in order to provide Congress with the time needed to consider this situation."

DemoRATS always defending the criminal.

DemoRATS never protect the innocent.

The case centers on whether the state has to give in to a demand by the president that the prisoner be allowed new hearings and sentencing. Bush made that demand reluctantly after an international court concluded Medellin and 50 other Mexicans on American death rows were improperly denied access to their consulate upon arrest, a violation of a treaty signed by the United States decades ago.

Congress has had decades to bring US Law into compliance and Congress has failed to do its duty. So, DemoRATS argue that criminals should be spared because of their failure. DemoRATS do not think or care about the innocent victims of crime.

Medellin was 18 when he participated in the June 1993 gang rape and murder of two Harris County girls, Jennifer Ertman, 14, and Elizabeth Pena, 16. He was convicted of the crimes and sentenced to death.

The prisoner's lawyers argued Mexican consular officials were not able to meet with the man until after his conviction.

too bad, so sad for Medellin. I weep for his victims.

The International Court of Justice ruled in 2004 that the United States had violated the rights of the prisoners, in part because officials and prosecutors failed to notify their home country, from which the men could have received legal and other assistance. Those judges ordered the United States to provide "review and reconsideration" of the convictions and sentences of the Mexican prisoners.

Chief Justice John Roberts wrote for a 6-3 majority that the international court's judgments cannot be forced upon individual states. The president also cannot "establish binding rules of decision that pre-empt contrary state law," he said, and the treaty itself does not specifically require states to remedy any treaty violations.

The chief justice added that the international court "is not domestic law," thereby restricting the president's power over states. "The executive's narrow and strictly limited authority to settle international claims disputes pursuant to an executive agreement cannot stretch so far as to support the current presidential memorandum" that would force Texas to conduct a new state trial, he wrote.

Why has Congress not passed laws to enforce this treaty? It has been 35 years.


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