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Government implies the power of making laws. It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience.
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No. 15

 

Alexander Hamilton

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But all legislative powers appertain to sovereignty. The original power of giving the law on any subject whatever is a sovereign power [...] All admit that the Government may legitimately punish any violation of its laws, and yet this is not among the enumerated powers of Congress. The right to enforce the observance of law by punishing its infraction might be denied with the more plausibility because it is expressly given in some cases. Congress is empowered "to provide for the punishment of counterfeiting the securities and current coin of the United States," and "to define and punish piracies and felonies committed on the high seas, and offences against the law of nations." The several powers of Congress may exist in a very imperfect State, to be sure, but they may exist and be carried into execution, although no punishment should be inflicted, in cases where the right to punish is not expressly given. Take, for example, the power "to establish post-offices and post-roads." This power is executed by the single act of making the establishment. But from this has been inferred the power and duty of carrying the mail along the post road from one post office to another. And from this implied power has again been inferred the right to punish those who steal letters from the post office, or rob the mail. It may be said with some plausibility that the right to carry the mail, and to punish those who rob it, is not indispensably necessary to the establishment of a post office and post road. This right is indeed essential to the beneficial exercise of the power, but not indispensably necessary to its existence. So, of the punishment of the crimes of stealing or falsifying a record or process of a Court of the United States, or of perjury in such Court. To punish these offences is certainly conducive to the due administration of justice. But Courts may exist, and may decide the causes brought before them, though such crimes escape punishment. The baneful influence of this narrow construction on all the operations of the Government, and the absolute impracticability of maintaining it without rendering the Government incompetent to its great objects, might be illustrated by numerous examples drawn from the Constitution and from our laws. The good sense of the public has pronounced without hesitation that the power of punishment appertains to sovereignty, and may be exercised, whenever the sovereign has a right to act, as incidental to his Constitutional powers. It is a means for carrying into execution all sovereign powers, and may be used although not indispensably necessary. It is a right incidental to the power, and conducive to its beneficial exercise.

 

John Marshall

 

Long experience has shown that armies can not be maintained unless desertion shall be punished by the severe penalty of death. The case requires, and the law and the constitution, sanction this punishment. Must I shoot a simple-minded soldier boy who deserts, while I must not touch a hair of a wiley agitator who induces him to desert? This is none the less injurious when effected by getting a father, or brother, or friend, into a public meeting, and there working upon his feeling, till he is persuaded to write the soldier boy, that he is fighting in a bad cause, for a wicked administration of a contemptable government, too weak to arrest and punish him if he shall desert. I think that in such a case, to silence the agitator, and save the boy, is not only constitutional, but, withal, a great mercy.

 

Abraham Lincoln

 

To me, capital punishment is a form of societal self-defense. It should not be employed indiscriminately, but in cases of the most heinous crimes, the death penalty may be the only appropriate punishment. Some people believe it is right to take a life to save the life of someone else, but they would not vote to take the life of a convicted criminal, no matter how horrible the crime. Others believe that killing another person for any reason is simply wrong. I respect those opinions, but I disagree with them. I'm convinced that government has a duty to promote community defense. The death penalty, when applied in appropriate cases, can be a strong deterrent to crime. It is certainly a deterrent to the convicted criminal sentenced to death, and it is also a deterrent to other potential capital offenders.

 

John Ashcroft

 

But no, I just don't think with the scientific evidence now -- I think I read an article yesterday on the death penalty, and 68 percent of the time they make mistakes. And it’s so racist, too. I think more than half the people getting the death penalty are poor blacks. This is the one place, the one remnant of racism in our country is in the court system, enforcing the drug laws and enforcing the death penalty. I don’t even know, but I wonder how many of those, how many have been executed? Over 200, I wonder how many were minorities? You know, if you're rich, you usually don't meet the death penalty.

 

Ron Paul

 

Laws are sand, customs are rock. Laws can be evaded and punishment escaped, but an openly transgressed custom brings sure punishment.

 

Samuel Langhorne (Mark Twain) Clemens