tag:blogger.com,1999:blog-8386458.post7952726713191963097..comments2023-02-19T06:39:43.912-08:00Comments on Warrior from the Sea: Justices Delayed and Justice DeniedShawn McManushttp://www.blogger.com/profile/03157949874657099666noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8386458.post-50451175121816182008-07-31T07:50:00.000-07:002008-07-31T07:50:00.000-07:00Anonymous,Did you read the description of the crim...Anonymous,<BR/><BR/>Did you read the description of the crime in the original post? Did you notice that the criminals bragged about it?Weetabixhttps://www.blogger.com/profile/03483498608206295895noreply@blogger.comtag:blogger.com,1999:blog-8386458.post-9252102013469136262008-07-30T18:51:00.000-07:002008-07-30T18:51:00.000-07:00anonymous,The treaty in question is the Vienna Con...anonymous,<BR/><BR/>The treaty in question is the Vienna Convention on Consular Relations from 1963.<BR/><BR/>Treaties basically come in two flavors: those requiring no additional action by member states and those that do. Those requiring no action are usually things limited in scope. Those that do must have laws adopted by the member states' congresses (or equivalent) before it becomes law.<BR/><BR/>Although the Supremacy Clause states that U.S. law is the "law of the land", no subsequent laws have been created binding on the individual states of the U.S.<BR/><BR/>Legally speaking, no law exists within the U.S. to prevent or stay the execution of Medellin. The treaty shares a similar status to that of a bill before it is sent to committee. Moreover, the U.S. Supreme Court is not a lower court of the ICJ nor is it beholden to the ICJ's judgements. I'm sure that a stay of execution would be granted on behalf of SCOTUS but even they have said it is currently not within their purvue until a law is created to deal with it.<BR/><BR/>I understand the predicament this places the President and Congress. In fact, IIRC, the U.S. was the first country to appeal to the ICJ. We've essentially been a signatory of a treaty for 45 years without it becoming law. Collectively, it has to be embarrassing for them.<BR/><BR/>Finally, Mexico did not make an appeal until recently. There may be time for other cases to be reviewed but this leaves little time for the Congress and the President to pass a law requiring Texas to further review Medellin's case (which has already been done five times and with consular access and support).<BR/><BR/>If any of the other five had been given anything other than their maximum sentences - 40 years for Medellin's brother who was fourteen at the time and death for the other four - then it might be fair to speculate that the outcome would have been different for Jose Medellin had he been given the best of lawyers.<BR/><BR/>Since that can only be speculation and since Rick Perry, the governor of Texas, cannot break a contradictory law that doesn't exist, there is no legal "road block" preventing Medellin's execution.Shawn McManushttps://www.blogger.com/profile/03157949874657099666noreply@blogger.comtag:blogger.com,1999:blog-8386458.post-90038471296652636412008-07-30T15:49:00.000-07:002008-07-30T15:49:00.000-07:00Are you forgetting the treaty I mean forget everyt...Are you forgetting the treaty I mean forget everything else I mean a treaty is a treaty right and it is agreed upon for a reason.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8386458.post-3886986105532554942008-07-29T07:30:00.000-07:002008-07-29T07:30:00.000-07:00I usually forget that such evil exists.Kill him ba...I usually forget that such evil exists.<BR/><BR/>Kill him back.Weetabixhttps://www.blogger.com/profile/03483498608206295895noreply@blogger.com