States Disregard Supremacy Clause?

In the CNN article, Lawmakers Vow to Execute Child Rapist, we see the downplay and general disregard for the Supremacy Clause. The federal criteria for capital punishment

is straightforward –the criminal must be found guilty of murder or espionage. Many states however, have disregarded this criterion and passed legislation that made various acts punishable by death. Although many states may find good reason for doing this, they do not have the jurisdiction to do so.

A recent case in Louisiana spiked great controversy on the subject. Louisiana has a law that allows child rapists to be put to death. There have been two men convicted and sentenced to death; however, neither were actually put to death. In the most recent case of Patrick Kennedy, the Supreme Court ruled that his death sentence could not be executed.

In the case of states’ various criteria I can see their point of view, especially in the case of child rapists. Children are our future unable to protect themselves so we have to step in and ensure their safety. Maybe with future cases like Patrick Kennedy we can begin to break down the strict rules of capital punishment and be able to include highly heinous crimes. However, this can create an even bigger problem.

One of the controversial points of the Patrick Kennedy case was that in a very long time, only he and one other man had been sentenced to death for their crimes –both were black. So then we open another can of worms and leave ourselves vulnerable for unfair sentences in parts of the country and frankly a great misuse of the harsh punishment. On another point, in most instances children are violated by a family member or close friend. How would a child feel if because of their horrific experience their dad, uncle, or cousin was put to death? It could cause even more damage to their psychological well being as well as their family life.

So we must not act irrationally or too quickly in regards to this severe punishment. Its future implications and results for ALL parties must be taken in to consideration and given great thought. The federal and state governments have to power to take someone’s life; it not a power to be taken lightly.