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Congressional Record—Senate S148 S148 CONGRESSIONAL RECORD — SENATE January 6, 2009 SENATE RESOLUTION 4—EXPRESS- is inflicted, and no matter how heinous the alty for child rape should not be viewed by ING THE SENSE OF THE SENATE perpetrator’s prior criminal record may be’’; Federal or State courts as binding precedent, THAT THE SUPREME COURT OF Whereas, in the United States, the people, because the Supreme Court was operating THE UNITED STATES ERRO- not the Government, are sovereign; under a mistaken view of Federal law; and Whereas the Constitution of the United (7) the Supreme Court should reverse its NEOUSLY DECIDED KENNEDY V. States is supreme and deserving of the peo- decision in Kennedy v. Louisiana, on rehear- LOUISIANA, NO. 07–343 (2008), AND ple’s allegiance; ing or in a future case, because the decision THAT THE EIGHTH AMENDMENT Whereas the framers of the eighth amend- was supported by neither commonly held be- TO THE CONSTITUTION OF THE ment did not intend to prohibit the death liefs about ‘‘cruel and unusual punishment’’, UNITED STATES ALLOWS THE penalty for child rape; nor by the text, structure, or history of the IMPOSITION OF THE DEATH PEN- Whereas the imposition of the death pen- Constitution of the United States. alty for child rape has never been within the ALTY FOR THE RAPE OF A f CHILD plain and ordinary meaning of ‘‘cruel and un- usual punishment’’, neither now nor at the SENATE RESOLUTION 5—EXPRESS- Mr. VITTER submitted the following adoption of the eighth amendment; ING THE SUPPORT FOR PRAYER resolution; which was referred to the Whereas instead of construing the eighth AT SCHOOL BOARD MEETINGS Committee on the Judiciary: amendment’s prohibition of ‘‘cruel and un- S. RES. 4 usual punishment’’ according to its original Mr. VITTER submitted the following meaning or its plain and ordinary meaning, resolution; which was referred to the Whereas 1 out of 3 sexual assault victims is the Court followed a two-step approach of under 12 years of age; Committee on Health, Education, first attempting to discern a national con- Labor, and Pensions. Whereas raping a child is a particularly de- sensus regarding the appropriateness of the praved, perverted, and heinous act; death penalty for child rape and then apply- S. RES. 5 Whereas child rape is among the most mor- ing the Justices’ own independent judgment Whereas the freedom to practice religion ally reprehensible crimes; in light of their interpretation of a national and to express religious thought is acknowl- Whereas child rape is a gross defilement of consensus and evolving standards of decency; edged to be a fundamental and unalienable innocence that should be severely punished; Whereas, to the extent that a national con- right belonging to all individuals; Whereas a raped child suffers immeas- sensus is relevant to the meaning of the Whereas the United States was founded on urable physical, psychological, and emo- eighth amendment, there is national con- the principle of freedom of religion and not tional harm from which the child may never sensus in favor of the death penalty for child freedom from religion; recover; rape, as evidenced by the adoption of that Whereas the framers intended that the Whereas the Federal Government and penalty by the elected branches of the Fed- first amendment to the Constitution would State governments have a right and a duty eral Government only 2 years ago, and by the prohibit the Federal Government from en- to combat, prevent, and punish child rape; swift denunciations of the Kennedy v. Lou- acting any law that favors one religious de- Whereas the popularly elected representa- isiana decision by the presumptive nominees nomination over another, not prohibit any tives of Louisiana modified the rape laws of for President of both major political parties; mention of religion or reference to God in the State in 1995, making the aggravated Whereas the evolving standards of decency civic dialogue; rape of a child 11 years of age or younger is an arbitrary construct without foundation Whereas in 1983, the Supreme Court held in punishable by death, life imprisonment with- in the Constitution of the United States and Marsh v. Chambers, 463 U.S. 783, that the out parole, probation, or suspension of sen- should have no bearing on Justices who are practice of opening legislative sessions with tence, as determined by a jury; bound to interpret the laws of the United prayer has become part of the fabric of our Whereas on March 2, 1998, Patrick Ken- States; society and invoking divine guidance on a nedy, a resident of Louisiana, brutally raped Whereas the standards of decency in the public body entrusted with making the laws his 8-year-old stepdaughter; United States have evolved toward approval is not a violation of the Establishment Whereas the injuries inflicted on the child of the death penalty for child rape, as evi- Clause of the first amendment, but rather is victim by her stepfather were described by denced by 6 States and the Federal Govern- simply a tolerable acknowledgment of beliefs an expert in pediatric forensic medicine as ment adopting that penalty in the past 13 widely held among the people of the Nation; ‘‘the most severe he had seen from a sexual years; Whereas voluntary prayer in elected bodies assault’’; Whereas the Supreme Court rendered its should not be limited to prayer in State leg- Whereas the cataclysmic injuries to her 8- opinion without knowledge of a Federal law islatures and Congress; year-old body required emergency surgery; authorizing the death penalty for child rap- Whereas school boards are deliberative Whereas a jury of 12 Louisiana citizens ists; bodies of adults similar to a legislature in convicted Patrick Kennedy of this depraved Whereas the Federal law authorizing the that they are elected by the people, act in crime, and unanimously sentenced him to death penalty for child rapists was passed by the public interest, and hold sessions that death; Congress and signed by the President 2 years are open to the public for voluntary attend- Whereas the Supreme Court of Louisiana before the Supreme Court released the deci- ance; and upheld this sentence, holding that the death sion; and Whereas voluntary prayer by an elected penalty was not an excessive punishment for Whereas the Court presumably would have body should be protected under law and en- Kennedy’s crime; deferred to the elected branches of govern- couraged in society because voluntary pray- Whereas the Supreme Court of Louisiana ment in determining a national consensus er has become a part of the fabric of our soci- relied on precedent interpreting the eighth regarding evolving standards of decency had ety, voluntary prayer acknowledges beliefs amendment to the Constitution of the it been aware of the Federal law authorizing widely held among the people of the Nation, United States; the death penalty for child rapists at the and the Supreme Court has held that it is Whereas on June 25, 2008, the Supreme time that it made the decision: Now, there- not a violation of the Establishment Clause Court of the United States held in Kennedy fore, be it for a public body to invoke divine guidance: v. Louisiana, No. 07–343 (2008), that executing Resolved, That it is the sense of the Senate Now, therefore, be it Patrick Kennedy for the rape of his step- that— Resolved, That the Senate— daughter would be ‘‘cruel and unusual pun- (1) the depraved conduct of the worst child (1) recognizes that prayer before school ishment’’; rapists merits the death penalty; board meetings is a protected act in accord- Whereas the Supreme Court, in the 5–4 de- (2) standards of decency allow, and some- ance with the fundamental principles upon cision, overturned the judgment of Louisi- times compel, the death penalty for child which the Nation was founded; and ana’s elected officials, the citizens who sat rape; (2) expresses support for the practice of on the jury, and the Louisiana Supreme (3) the eighth amendment to the Constitu- prayer at the beginning of school board Court; tion of the United States allows the death meetings. Whereas this decision marked the first penalty for the rape of a child where the time that the Supreme Court held that the crime did not result, and was not intended to f death penalty for child rape was unconstitu- result, in death of the victim; SENATE RESOLUTION 6—EXPRESS- tional; (4) the Louisiana statute making child ING SOLIDARITY WITH ISRAEL Whereas, as Justice Alito observed in his rape punishable by death is constitutional; dissent, the opinion of the majority was so (5) the Supreme Court of the United States IN ISRAEL’S DEFENSE AGAINST broad that it precludes the Federal Govern- should grant any petition for rehearing of TERRORISM IN THE GAZA STRIP ment and State governments from author- Kennedy v. Louisiana, No. 07–343 (2008), be- Mr. VITTER submitted the following izing the death penalty for child rape ‘‘no cause the case was decided under a mistaken resolution; which was referred to the matter how young the child, no matter how view of Federal law; Committee on Foreign Relations: many times the child is raped, no matter (6) the portions of the Kennedy v. Lou- how many children the perpetrator rapes, no isiana decision regarding the national con- S. RES. 6 matter how sadistic the crime, no matter sensus or evolving standards of decency with Whereas the state of Israel is the greatest how much physical or psychological trauma respect to the imposition of the death pen- ally of the United States in the Middle East; VerDate Nov 24 2008 05:57 Jan 07, 2009 Jkt 079060 PO 00000 Frm 00148 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JA6.245 S06JAPT1 wwoods2 on PRODPC68 with SENATE January 6, 2009 CONGRESSIONAL RECORD — SENATE S149 Whereas the Hamas terror organization’s rely in these perilous and challenging times: braska, Mr.
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