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Thread: Mexican national executed in Texas

  1. #251
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    Re: Mexican national executed in Texas

    Quote Originally Posted by VanceMack View Post
    Due process was afforded to this individual identical to ANY US citizen. What wasnt done was a man that raped and murdered a 16 year old child that had been in the US since he was 2 years old was not identified as a foreign national and told he could meet with the mejican consul. Blame his attorney. The state of Texas arrested a criminal...Mirandized him, provided him a lawyer, tried him, convicted him, and sentenced him to death. The absolute reality is that if he had been sentenced to life imprisonment you wouldnt even know his name nor give half a squirt about him OR his rights.
    The State has the responsibility to inform him of his rights under the treaty. I find it hard to believe that through the entire process, the State of Texas failed to learn he was not a U.S. citizen. This does not exactly inspire confidence in the Texas legal system.

    None of what you or anyone else has said changes the fact that the United States, though the continuining actions of the State of Texas, is in repeated violation of the Vienna Convention on Consular Relations.
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  2. #252
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    The State has the responsibility to inform him of his rights under the treaty. I find it hard to believe that through the entire process, the State of Texas failed to learn he was not a U.S. citizen. This does not exactly inspire confidence in the Texas legal system.

    None of what you or anyone else has said changes the fact that the United States, though the continuining actions of the State of Texas, is in repeated violation of the Vienna Convention on Consular Relations.
    You keep claiming what the state did wrong...the fact remains the supreme court sided with Texas, which means they are right, contrary to your opinion. And it doesnt change the fact the ONLY reason anyone cares about this is the death penalty.

  3. #253
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    And you think SCOTUS is ALWAYS right? I hate so-called 'conservative' judicial activism as much as liberal...
    Both liberal and conservative justices voted with the majority in these cases, so your asinine comment on activism is moot.

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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    The treaty creates rights for the individuals of sending countries that the signatory parties are obligated to create.
    As I've been saying all along, Congress never created those rights. I don't think they ever intended to in signing the treaty. I'm not aware of any other country that has done so.

    Quote Originally Posted by ludahai View Post
    The ICJ treaty, which the US is a party to, grants jurisdiction in cases such as this to the ICJ, not the Security Council.
    As I said, enforcement of said decisions goes throught the Security Council:

    "any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment."
    Charter of the United Nations: Chapter XIV: The International Court of Justice

  5. #255
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    And judges are supposed to enforce treaties in accordance with Article VI of the Constitution.
    What part of the treaty would you like the judge to enforce? He can't exactly go back in time and notify the guy of his rights. The issue never came up at trial. It only came up as part of a federal appeals case, and the law says that arguments not brought up on trial can't be brought up on appeal. I think the only one who had any power to do anything was the governor. You can argue it was bad decision on his part, but it wasn't illegal.

  6. #256
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    And you think SCOTUS is ALWAYS right? I hate so-called 'conservative' judicial activism as much as liberal...
    It doesn't really matter if anyone thinks SCOTUS is right or wrong, our system says they are the final authority on issues of Constitutionality. It does not say they are infallible. Can you say Dredd Scott or Plessey Furgeson?

    Right and wrong are in the eyes of the beholder. To me in this case they were correct. If the treaty is to be accepted then the enabling legislation MUST be passed by the Legislative Branch
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    Re: Mexican national executed in Texas

    Quote Originally Posted by snilloctjc View Post
    It doesn't really matter if anyone thinks SCOTUS is right or wrong, our system says they are the final authority on issues of Constitutionality. It does not say they are infallible. Can you say Dredd Scott or Plessey Furgeson?

    Right and wrong are in the eyes of the beholder. To me in this case they were correct. If the treaty is to be accepted then the enabling legislation MUST be passed by the Legislative Branch
    So SCOTUS is complicit in the US violating its treaty commitments and thus will share part of the responsibility when other states throw this in the face of the US and deny Consular access or violate other clauses of the treaty...
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  8. #258
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    So SCOTUS is complicit in the US violating its treaty commitments and thus will share part of the responsibility when other states throw this in the face of the US and deny Consular access or violate other clauses of the treaty...
    No treaty signed by the Executive Branch is binding until approved by 2/3rds of the senate. I assume part of the consent requirement is the enabling legislation
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  9. #259
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    Re: Mexican national executed in Texas

    Quote Originally Posted by snilloctjc View Post
    No treaty signed by the Executive Branch is binding until approved by 2/3rds of the senate. I assume part of the consent requirement is the enabling legislation
    It WAS approved by 2/3 of the Senate. It is a properly ratified treaty - as has been pointed out numerous times in this thread...
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    Re: Mexican national executed in Texas

    Quote Originally Posted by ludahai View Post
    Except that he is in Beijing and he knows what he is talking about in this instance... it will happen sooner or later... and I hope the person they will do it to is from Texas... it WOULD be fitting...
    He is in Beijing and knows what is going on in the mind of the Chinese government? Few Chinese actually know that.

    And you want to sacrifice an innocent person from Texas because of something the State government of Texas might or might not have done incorrectly?

    That is really a morally bankrupt position. Now you are getting into genuine revenge against innocents rather than showing any interest in justice. Sooner or later people like yourself show their true colors.

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