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Thread: Gov. Gavin Newsom vs. California Law

  1. #11
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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by MrWonka View Post
    Newsom is the governor of California. He can stay any execution he wants. That is well within is powers under the CA constitution.
    I said in the OP why it isn't.

    I think you'll also find that the majority of the people of the state of California do in fact support is the decision.
    The 2016 vote of the people of the state of California says otherwise.

    California Proposition 62, Repeal of the Death Penalty (2016) - Ballotpedia
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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by Casper View Post
    Calling a moratorium on executions does not overturn the law, it simply puts it on pause, not the first time a Governor has done this.
    For the record I believe in the death penalty so long as it is fairly applied and the convict had good quality legal support.
    Quote Originally Posted by MrWonka View Post
    Newsom is the governor of California. He can stay any execution he wants. That is well within is powers under the CA constitution. I think you'll also find that the majority of the people of the state of California do in fact support is the decision.
    And by the way, this is the governor's clemency power by the California constitution:

    (a) Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment. The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring.
    It is FAR from absolute, is limited by statute, and is to be done case-by-case, by application:

    https://www.gov.ca.gov/wp-content/up...e_Clemency.pdf

    There is no blanket authority for the governor to do this.
    Last edited by Harshaw; 03-13-19 at 12:15 PM.
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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by MrWonka View Post
    They are identical. If he can stay the execution of every person on death row individually then he can have a standing policy of staying each and every one of them. There's probably one or two people being executed per year anyway. He's just declaring in advance that he's going to do that, and he has every right to.
    CA hasn't managed to execute anyone since 2006.

    I agree Newsom has this power.

    Myself, I'd change things around so that the death penalty was carried out expeditiously, within a year or so of the sentence. Time for an appeal or two, and then they get on with it. It would encourage the judges/juries involved consider their decisions especially carefully.

    While they may appear a bit pro-execution, I believe it would in fact lead to fewer death penalty convictions overall.

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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by WillyPete View Post
    I agree Newsom has this power.
    He doesn't, as I provided above.
    The only reason to be anti-libertarian is there are people you want to control that you wouldn't be able to.

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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by Harshaw View Post
    He doesn't, as I provided above.
    If he can do them individually, he can do them en masse. Gotta pick your battles.

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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by WillyPete View Post
    If he can do them individually, he can do them en masse. Gotta pick your battles.
    No, he can't, because each has to be applied for individually.
    The only reason to be anti-libertarian is there are people you want to control that you wouldn't be able to.

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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by Harshaw View Post
    No, he can't, because each has to be applied for individually.
    48c.jpg

    He already did, and there's no combination of powers in CA that's going to reverse him. You've already put more energy into this than they will.

    I'll agree it's a shame and go on about my business. You can make a day of it, if you like.

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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by Harshaw View Post
    And by the way, this is the governor's clemency power by the California constitution:

    is to be done case-by-case, by application
    Which means he can declare publicly that he will do it from now on, and then in the future when there is an individual case declare them officially. Why is this so complicated for you?
    Obstruction of Justice also applies to overt coercion of court or government officials via the means of threats or actual physical harm and also applying to deliberate sedition against a court official to undermine the appearance of legitimate authority.

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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by Harshaw View Post
    No, he can't, because each has to be applied for individually.
    HAHAHA!!! Dude! He can declare that when they come up he will grant them individually. That's all he's saying.
    Obstruction of Justice also applies to overt coercion of court or government officials via the means of threats or actual physical harm and also applying to deliberate sedition against a court official to undermine the appearance of legitimate authority.

  10. #20
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    Re: Gov. Gavin Newsom vs. California Law

    Quote Originally Posted by WillyPete View Post
    48c.jpg

    He already did, and there's no combination of powers in CA that's going to reverse him. You've already put more energy into this than they will.
    So, you're arguing that he has the power not because he's granted that power by the constitution, but because he's done it and (in your estimation) will probably get away with it?

    That kinda makes him a warlord. That's OK with you?
    The only reason to be anti-libertarian is there are people you want to control that you wouldn't be able to.

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