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Home > Window on Washington > Archives > 2008 > June > 26 > Entry

Lamar Smith, other Republicans want to amend Constitution on child rape

Rep. Lamar Smith, a San Antonio Republican who represents part of Austin, and three of his GOP colleagues introduced legislation Thursday to change the U.S. Constitution to allow the death penalty for the rape of a child younger than 12.

This comes in response to the Supreme Court’s 5-4 ruling this week that the death penalty for someone who rapes a child but did not kill or intend to kill the child violates the Eighth Amendment of the U.S. Constitution, which bars punishment that is excessive or cruel and unusual.

A constitutional amendment must be approved by a two-thirds vote in the U.S. House and Senate, then ratified by at least three-fourths of the states before it becomes law.

“States, with the approval of their legislatures, should be able to impose the maximum punishment for a crime that may not constitute murder in the legal sense, but certainly results in the death of youthful innocence and the carefree joys of childhood,” Smith said.

Also introducing the amendment were GOP Reps. Steve Chabot of Ohio and Tom Feeney and Ric Keller of Florida.

Permalink | Comments (2) | Post your comment |

Comments

By Tracy

June 27, 2008 9:18 AM | Link to this

I agree. Good luck, gentleman, and I hope you succeed.

By Russ Columbo

July 3, 2008 11:45 AM | Link to this

To the Honorable Representative Lamar Smith: Please stop increasing the power of the federal government, and leave criminal prosecutions and punishments to the states. Read the Constitution. Sincerely, Russ

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