Reply #112: We are at an impasse. [View All]

[TPaine7]

I agree with you that felony creep is wrong and should be stopped. But as far as I can tell my namesake believed, along with every other founder, that life was a right and like many other rights it was forfeit for certain crimes. The limit for what rights can be forfeit is the forbidding of cruel and unusual punishment.

Actually, there is no set of words that the founders could have written that would have prevented abuse. The issue is not whether rights can be temporarily or permanently lost--executing torturers and murderers of children--and thus permanently depriving them of rights--will not lead inevitably to castrations for jaywalking. One is cruel and unusual, the other isn't. Furthermore, I hope the American people (including much or all of the military) have enough spine left to start a revolution if the government attempts castration for jaywalking. The people are the ultimate guarantee, not the words.

Ultimately, however, we are at an impasse:

Again, the constitution does provide for loss of liberty, loss of property, and loss of life with due process, but not loss of rights.

You believe that a person can be executed and yet retain his rights. I do not.

Take the last word, if you want it.