A resolution expressing the sense of the Senate that the Supreme Court of the United States erroneously decided Kennedy v. Louisiana, No. 07-343 (2008), and that the eighth amendment to the Constitution of the United States allows the imposition of the death penalty for the rape of a child.

3.0.0 4 2022-02-03T06:05:54Z 2022-02-03T06:05:54Z Senate S SRES 2009-01-06 111 ssju00 Judiciary Committee Senate Standing Referred to 2009-01-06T20:22:29Z 2009-01-06 ssju00 Judiciary Committee Senate Referred to the Committee on the Judiciary. (text of measure as introduced: CR S148) IntroReferral 2009-01-06 Introduced in Senate IntroReferral 10000 9 Library of Congress V000127 Sen. Vitter, David [R-LA] David Vitter R LA N D000595 Sen. DeMint, Jim [R-SC] James DeMint R SC W. 2009-01-12 False Crime and Law Enforcement Constitution and constitutional amendments Crimes against children Criminal procedure and sentencing Supreme Court Crime and Law Enforcement

00 2009-01-06 Introduced in Senate 2009-01-12T15:47:24Z Expresses the sense of the Senate that: (1) the eighth amendment to the Constitution allows the death penalty for the rape of a child where the crime did not result, and was not intended to result, in death of the victim; (2) the Louisiana statute making child rape punishable by death is constitutional; (3) because Kennedy v. Louisiana was decided under a mistaken view of federal law, the U.S. Supreme Court should grant any petition for rehearing of the case and the portions of the decision regarding the national consensus or evolving standards of decency with respect to the imposition of the death penalty for child rape should not be viewed as binding precedent; and (4) the Supreme Court should reverse its decision on rehearing or in a future case because it was supported by neither commonly held beliefs about cruel and unusual punishment nor by the text, structure, or history of the Constitution.

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A resolution expressing the sense of the Senate that the Supreme Court of the United States erroneously decided Kennedy v. Louisiana, No. 07-343 (2008), and that the eighth amendment to the Constitution of the United States allows the imposition of the death penalty for the rape of a child. Display Title A resolution expressing the sense of the Senate that the Supreme Court of the United States erroneously decided Kennedy v. Louisiana, No. 07-343 (2008), and that the eighth amendment to the Constitution of the United States allows the imposition of the death penalty for the rape of a child. Official Title as Introduced A resolution expressing the sense of the Senate that the Supreme Court of the United States erroneously decided Kennedy v. Louisiana, No. 07-343 (2008), and that the eighth amendment to the Constitution of the United States allows the imposition of the death penalty for the rape of a child. Introduced in Senate 2009-01-06T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111sres4is/xml/BILLS-111sres4is.xml 2009-01-06 Referred to the Committee on the Judiciary. (text of measure as introduced: CR S148) text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.