If you are going to take on something as serious as repealing the death penalty, please make sure you do it right the first time.
Please review the New Jersey Constitution. That document that you have sworn to uphold and protect.
You can find it here: New Jersey Constitution, updated November 6, 2007
Please pay particular attention to Article I, Section 12. It reads:
Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted. It shall not be cruel and unusual punishment to impose the death penalty on a person convicted of purposely or knowingly causing death or purposely or knowingly causing serious bodily injury resulting in death who committed the homicidal act by his own conduct or who as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value.
Please also pay particular attention of Article IX. Amendments. It reads:
1. Any specific amendment or amendments to this Constitution may be proposed in the Senate or General Assembly. At least twenty calendar days prior to the first vote thereon in the house in which such amendment or amendments are first introduced, the same shall be printed and placed on the desks of the members of each house. Thereafter and prior to such vote a public hearing shall be held thereon. If the proposed amendment or amendments or any of them shall be agreed to by three-fifths of all the members of each of the respective houses, the same shall be submitted to the people. If the same or any of them shall be agreed to by less than three-fifths but nevertheless by a majority of all the members of each of the respective houses, such proposed amendment or amendments shall be referred to the Legislature in the next legislative year; and if in that year the same or any of them shall be agreed to by a majority of all the members of each of the respective houses, then such amendment or amendments shall be submitted to the people.
2. The proposed amendment or amendments shall be entered on the journal of each house with the yeas and nays of the members voting thereon.
3. The Legislature shall cause the proposed amendment or amendments to be published at least once in one or more newspapers of each county, if any be published therein, not less than three months prior to submission to the people.
4. The proposed amendment or amendments shall then be submitted to the people at the next general election in the manner and form provided by the Legislature.
5. If more than one amendment be submitted, they shall be submitted in such manner and form that the people may vote for or against each amendment separately and distinctly.
6. If the proposed amendment or amendments or any of them shall be approved by a majority of the legally qualified voters of the State voting thereon, the same shall become part of the Constitution on the thirtieth day after the election, unless otherwise provided in the amendment or amendments.
7. If at the election a proposed amendment shall not be approved, neither such proposed amendment nor one to effect the same or substantially the same change in the Constitution shall be submitted to the people before the third general election thereafter.
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3 comments:
Whats your point Art?
Just because the constitition says the Death penalty is not cruel and unusual punishment does not mean that the legislature can legislativly remove it as a penalty.
Isn't Caraballo a lame duck? This will never get through before the end of the session.
Caraballo is quite a character I am sure the legislature will be less interesting with out him.
I think you affirmed my point, TR
HUH?
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