A couple things about the execution and STATE vs FED power

[nadinbrzezinski]

I have read here that the President had the power to stop this. No, he did not. We do not elect kings, and the power of the President in a STATE MATTER is really, really small. It does not matter if the President was for the DP or against it... he really had no power to offer clemency or stop this.

The power for clemency was at the Georgia board... state matter, state prisoner. The power to stay was at the Supreme Court, first Georgia and then the SCOTUS.

There is a reason for this. We live in a FEDERAL system. And we do not elect leaders, nor kings. We live in a representative democracy. actually a republic...

Now if you really think that the President of the United States had a right to get involved in this. the basis for our FEDERAL SYSTEM actually, as far as limits are concerned, is the tenth Amendment.

It makes me sick that the STATE OF GEORGIA did what it did tonight, but the President had no power to get involved and with good reason would not even comment on this.

I am rather critical of Obama, but on this one... not only agnostic, but I get it.

Now if we had a KING, especially an absolute monarch, then yes that person could do all the things we at times dream the President should do. I am not sure I want to join you in that dream. Absolute governments have a way to turn really oppressive really fast.

[NaturalHigh]

1. So true. Thanks for posting this.

One thing that I find odd, though: The power for clemency was at the Georgia board... state matter, state prisoner.

It's unusual for the governor to have absolutely no say in the matter, not even to issue a stay.

[nadinbrzezinski]

2. Texas is similar

:-)

Why Perry taking credit looks good, but that is the weakest governor in the Union.

[NaturalHigh]

12. Yes, but the Texas governor can at least issue one thirty-day stay.

As I understand it, the Georgia governor cannot.

[court jester]

3. Anyone remember Ricky Ray Rector?

http://en.wikipedia.org/wiki/Ricky_Ray_Rector

Many Americans have the memory retention of gnats, and/or the apparent inability to analyze history in a way that does not favor their tribe/team.

Only (R)s do it!!! And the "other side" says Only (D)s do it!

Of course, Clinton could get away with anything he wanted...And did! Kinda like Bush...

[nadinbrzezinski]

4. I did not know of that... case

thanks...

And no, not just Rs do it, or Ds, both do.

[MADem]

5. +1 n/t

[Bluebear]

6. The world knew, nadin...I don't get it.

Obamas silence was cowardly.

[nadinbrzezinski]

7. He had no jurisdiction

that is what it comes down to.

Perhaps on morality basis he should, but constitutionally there was no way no how he could insert himself in this. FEDERALISM... it has it's good things and it's bad things. And as bad as I'd like it. we do not elect Kings.

[Bluebear]

8. He said nothing.

Had nothing to do with jurisdiction. He said NOTHING.

[nadinbrzezinski]

9. He could not

again we do not elect kings.

[Bluebear]

10. He couldn't issue a fucking opinion?

Why do you have to be a king to do that???

[nadinbrzezinski]

14. The President can't for protocol reasons that go back to

Washington, now a FORMER president, see Carter, free and clear.

But a sitting president saying a thing is seen as inserting himself into state's matters.

[JuniperLea]

22. The only thing speaking out would have accomplished...

Was to give the RW gris for the hate and bashing mill. They would have shredded and pummeled Obama had he said anything... and rightfully so. There are reasons for long-standing adherence to protocol.

[Unrepentant Fenian]

11. Well said... Thanks

[Kennah]

13. Maybe Obama could have gotten the Congress and Senate to go along and stop it ...

... like Terri Schiavo.

I thought it was only the dumb-assed GOP that charged off half-cocked to make up shit.

The Death Penalty is wrong and must end. Period. However, unless the President had a large chunk of Americans on-board in opposition to the DP, it's tilting at windmills for him to try and "do something".

It's possible, in a second term, he could float the idea of a Constitutional Amendment forbidding Capital Punishment. However, he'd probably have to recruit some GOP names to get behind it. I don't know that Sessions or Barr, who opposed the execution of Troy Davis, would get behind an end to the Death Penalty, but perhaps there are some out there.

Another "what if" would be for the USDOJ to investigate the possibility that innocent people had been put to death, and start with Willingham and Davis. Raise a federal stink, and the GOP might get nervous that a shitstorm of lawsuits could be unleashed, suddenly the Death Penalty might not be so warm and fuzzy for them.

[nadinbrzezinski]

15. Or third,

as more and more evidence emerges that people have been executed that should not, the turn away from the Death penalty will accelerate. Which is what is happening.

So the DP will become unpopular enough where it will go away.

I know how I am voting when it comes up in California... to abolish.

[Tommy_Carcetti]

16. If we viewed the death penalty as an affront to the Eighth Amendment....

....like it ought to be viewed, then I would say the Federal government could have a say. But that's really for the Courts to draw that line.

[polmaven]

17. K&R

You said it all. I am sometimes really astonished at the number of people who really do not know these facts.

[pintobean]

18. Pardon info here

http://www.justice.gov/pardon/pardon_instructions.htm

[JuniperLea]

21. Wow...

That's a lot of information! Kudos for going to the rule book!

[Jim Lane]

19. Another Obama critic here, agreeing with you on this one.

Obama had no power in this matter. As for "Well, he could at least make a statement," I don't want the President to spend any time making statements about all the bad things in the world that he can't control. He's right to prioritize the matters that pertain to his office.

[JuniperLea]

20. Setting the record straight is a very good thing...

And far too many times a very rare thing here on DU.

Good job!

:patriot:

The level of chatter on this was revolting... I cannot believe that this many people here are so ill informed. This scares the living hell out of me. It truly does.

[nadinbrzezinski]

23. For the record I WISH he could have said something

but I get it why he could not.

[JuniperLea]

24. Me too...

Absolutely.