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Document Type

Article

Media Type

Text

Abstract

In Ring v. Arizona, 536 U.S. 584 (2002), the United States Supreme Court struck down the state of Arizona's death penalty procedure as violative of the Sixth Amendment's right to trial by jury. The Ring case is noteworthy because the Supreme Court upheld the identical procedure under the same constitutional provision twelve years earlier in Walton v. Arizona, 497 U.S. 639 (1990). The Ring case raises a serious constitutional issue because the high Court reaffirmed its decision upholding Arizona's death penalty procedure twice during those twelve years. The issue is this: what recourse does the state of Arizona have against arbitrary and unconstitutional conduct by the Supreme Court? The brief answer is that the state of Arizona has no constitutional recourse to redress its constitutional injury. Furthermore, neither Congress nor the president has a practical and effective means addressing their constitutional grievances with the federal courts. The author offers two constitutional amendments to cure this constitutional conundrum: (1) the repeal of the Seventeenth Amendment; and (2) a two-thirds congressional override of federal judicial constitutional decisions.

First Page

93

Last Page

116

Publication Date

11-1-2003

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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