Washington D.C.-  U.S. Congressman Paul C. Broun, M.D. expressed outrage this morning regarding the Supreme Court’s decision in Kennedy v. Louisiana.  This case involves Patrick Kennedy of Louisiana, who was previously convicted of the “aggravated rape” of his eight-year-old step-daughter in March 1998.  Not only does the Supreme Court case overturn previous Louisiana state court decisions, but it also strikes sections of the Louisiana Constitution, which allows the death penalty for those convicted of raping children under the age of 13. 

Without allowing the people to exercise their right to amend the Constitution and without conducting a poll, Justice Kennedy decided for himself that "there is a national consensus against capital punishment for the crime of child rape." Justice Alito, writing the dissenting opinion, correctly affirms: “First, the Court claims to have identified “a national consensus” that the death penalty is never acceptable for the rape of a child; second, the Court concludes, based on its “independent judgment,” that imposing the death penalty for child rape is inconsistent with “‘the evolving standards of decency that mark the progress of a maturing society.’” Because neither of these justifi­cations is sound, I respectfully dissent.”

“This case represents the latest sad example of judicial activism in the United States,” declared Broun. “Not only did these unelected judges maliciously overrule laws enacted by the people and their elected officials, but they also ruled to protect child-rapists.  I am sick and tired of judges who believe it is their job to rewrite the Constitution as they see fit.”

This recent Supreme Court opinion mutates the Eighth Amendment to mean that the death penalty can never be handed down in cases of child rape or in any other crimes against individuals.  Anticipating this judicial activism, over a month ago Congressman Broun introduced two Constitutional amendments to protect states’ rights and allow appropriate punishment for those who prey on children.   

 

•  H.J.RES. 82 allows castration after conviction for the rape of a child under 16 years of age.

•  H.J.RES. 83 states: “The Constitution allows the death penalty, including when it is imposed for the rape of a child under sixteen years old."

“We need judicial leaders who rely solely on the original principles laid forth in the constitution,” Broun stated.  “Our founding fathers did not believe that they were writing a perfect, omnipotent document and that is why the constitution is so great; it is great because judges don’t need to manipulate it for their own purposes.  The people can amend it.”