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News & Current Events Discuss Trump administration studying policy on death penalty for drug dealers at the General Forum; Originally Posted by mr wonder Questions. How is it constitutional for the Pres, to change the laws on drug crimes? ...

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Old 03-11-2018, 02:44 PM
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Default Re: Trump administration studying policy on death penalty for drug dealers

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Originally Posted by mr wonder View Post
Questions.
How is it constitutional for the Pres, to change the laws on drug crimes?
Aren't laws made by congress?.
No law is being changed...

Federal prosecutors can go for the death penalty for any federal crime...

The "list" of things they actually try for the death penalty is self-imposed...

Trump is saying "add these to the list"....
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Old 03-11-2018, 03:12 PM
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Default Re: Trump administration studying policy on death penalty for drug dealers

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No law is being changed...
Federal prosecutors can go for the death penalty for any federal crime...
The "list" of things they actually try for the death penalty is self-imposed...
Trump is saying "add these to the list"....
CNRed, I may be wrong in my questioning the constitutionality, but I'm pretty sure there's something off in your outline of how it works.
Shoplifting, Credit/Debit Card Fraud, Prostitution, as well as Money Laundering are federal crimes as well. So my question about Bank executives being put to death is on the table if the executive can just willy nilly declare that ANY federal crime will now receive the Death Penalty.

"Torture" and "Partial Birth Abortion" are also federal crimes BTW. How about the death penalty for those?

But i believe when the laws are written there are basic penalties attached.
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Old 03-11-2018, 04:44 PM
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Default Re: Trump administration studying policy on death penalty for drug dealers

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Originally Posted by cnredd View Post
No law is being changed...

Federal prosecutors can go for the death penalty for any federal crime...

The "list" of things they actually try for the death penalty is self-imposed...

Trump is saying "add these to the list"....
There appear to be maximum sentences for federal drug violations. None involve the death penalty. Although 10 - 50 million in fines come close.

https://fas.org/sgp/crs/misc/RL30722.pdf
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Old 03-11-2018, 06:11 PM
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Default Re: Trump administration studying policy on death penalty for drug dealers

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CNRed, I may be wrong in my questioning the constitutionality, but I'm pretty sure there's something off in your outline of how it works.
Shoplifting, Credit/Debit Card Fraud, Prostitution, as well as Money Laundering are federal crimes as well. So my question about Bank executives being put to death is on the table if the executive can just willy nilly declare that ANY federal crime will now receive the Death Penalty.
There's difference between being allowed to go for the death penalty and RATIONALLY going for the death penalty...

Federal prosecutors going for the DP for "Shoplifting, Credit/Debit Card Fraud, Prostitution, as well as Money Laundering" would be laughed right out of court...But there's nothing legally stopping them from arguing it...Stupid to argue it, but they would't be breaking any legislation over it...
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Old 03-12-2018, 03:01 AM
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Default Re: Trump administration studying policy on death penalty for drug dealers

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Originally Posted by cnredd View Post
There's difference between being allowed to go for the death penalty and RATIONALLY going for the death penalty...

Federal prosecutors going for the DP for "Shoplifting, Credit/Debit Card Fraud, Prostitution, as well as Money Laundering" would be laughed right out of court...But there's nothing legally stopping them from arguing it...Stupid to argue it, but they would't be breaking any legislation over it...
see Jimbo's link.
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Originally Posted by jimbo View Post
There appear to be maximum sentences for federal drug violations. None involve the death penalty. Although 10 - 50 million in fines come close.

https://fas.org/sgp/crs/misc/RL30722.pdf
If i'm reading that right, then it's as i thought, the Laws have Maximum sentences built in to them.
so the Congress would have to make any changes.

And Here's the thing that many people like to disregard when "their guy" is the president's chair and going to SAVE the country.
The President of the untied states constitutional power is supposed to be LIMITED. He's to be the administrator of the laws. NOT a creator, or adjuster or manipulator of the laws.

It's clear to me that Trump has NEVER understood the constitutional role of president. Throughout the campaign he had to be constantly reminded that the president DOES NOT have to power to XYZ he was proposing.

So now he's talking about imposing the death penalty as if he's a dictator. (Obama kill list) I also wonder about Trump's tariff proposal. How does the president get the power to willy nilly create tariffs? is that in the Constitution? not that i can see.
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The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
unless some LAME congress of the past granted the president power ILLEGALLY under some new law.

As far as Punishments for Crimes Go, it seems to me the Constitution puts criminal charges in the hands the Congresses, the Courts and Juries NOT the Executive branch. Pre-FBI and Secret Service the executive didn't even have a way to CATCH criminals without the help of State and local LEOs. Much less make decrees or pronounce judgements and sentencing.
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"It is proper to take alarm at the first experiment on our liberties.
The freeman of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents."

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.
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..1 Peter 2:16
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