It Makes Sense to Me: The Eighth Amendment---SCOTUS says: It Allows for Adaptation Based on "Evolving Standards of Decency''

August 16, 2015

The Eighth Amendment---SCOTUS says: It Allows for Adaptation Based on "Evolving Standards of Decency''

IT MAKES SENSE TO ME

By Larry Peterson

The Associated Press has reported that the Connecticut Supreme Court has decided the death penalty "no longer meets society's evolving standards of decency. My brain locked up as I found myself stuck on the word "decency". Decency, decency, decency---a smack in the head from my own hand jumped the needle to 'evolving standards'. Sorry, all the words together were "evolving standards of decency".

Smarty pants that I am I googled "evolving standards of decency". I expected a 'nothing available' response. Ta-da--not so. A bunch of stuff popped up. It seems that the "evolving standards of decency" is part of the Eighth Amendment . I had no idea. It seems that the Supreme Court had declared our Constitution a "living" document in 1958. That is when the Constitution became subject to change as society developed further from whence it came. Oh me, oh my--egg was on my face.

If I was still back in 1965 I would not have paused for a moment giving those words a second thought. Back then, there existed an accepted 'mode of decency'. Lucy and Ricky Ricardo and Jim and Margaret Anderson did not even share a TV bed. They slept in twin beds. I'm not sure if Ozzie and Harriet ever allowed us into their bedroom. Men gave up their seats to women and held doors open for them. The words; "excuse me", "thank you", "may I", and "please" were used commonly. But that was 1965 and now it is 2015. What has fifty years of "evolving standards of decency" in our civilized, sophisticated world, a world that includes such TV shows as "Naked & Afraid", brought us? Just think about it.

One thing I have never been able to wrap my head around is the right to "Freedom of Expression". If you want to burn and stomp on the American Flag go ahead, burn and stomp away. According to the SCOTUS, that is a "right" under the Constitution. But show me where 'Freedom of Expression' is written into the U.S. Constiution? It is not in the Constitution. Freedom of Speech is. That means we are free to speak (you know, use words that come from our mouths as we so choose.) Back in the day, when "decency" was the norm, we did not use every conceivable expletive known to mankind in public, over the airwaves, and especially on the 'big screen' at will. We had this strange notion that we needed to set a good example for our children. We had a modicum of civility and respect toward each other, even when we were 'offended'.

Since the SCOTUS approved this concept of 'evolving standards of decency' it holds true that (IMHO), based on personal opinion and outside political pressure, The Constitution, a document written and designed to give rights to the people before any government, has been forever weakened and can never be the protective document it was meant to be. And We, the People, did it to ourselves. How? We are the ones who vote and it all starts there.

©Larry Peterson 2015 All Rights Reserved

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ABOUT THE AUTHOR

Basically, I am a “blue-collar guy”. It is the world I come from, a world of hard working, hard drinking construction workers, cops, longshoremen, firemen, railroad workers, bus drivers, truckers, sanitation workers, etc. who were, for the most part, family men who loved their God, their families and their country---unconditionally. Consequently, if you would ask me to describe my work as a writer I would call it “blue-collar” meaning that I believe my work is simple fair, easily readable, no-nonsense, minimally superlative, and flows quickly. There is lots of dialogue and my tendency to be omniscient is obvious. I think that is because the characters and I are part of each other and I know what they are thinking

You can email Larry at petersonlarry6@gmail.com

Horizon Homeless

There are millions of people across this great land of ours that are pre-homeless. Please say hello to Bob and Tracey Slider and their son, Jake. They are a composite of so many American families that cover our land from ‘sea to shining sea’. They are among the millions of unnoticed, hardworking, Americans, locked into survival mode while trying their best to do the “right thing” every day. What happens when they are confronted with circumstances which place them on a road heading downward where the horizon up ahead turns homeless? Can they make the turn and begin heading uphill? What choices will they make? What will determine their success or failure?

The Priest and the Peaches

Historical fiction novel set in the Bronx in the mid-1960s

Yimey knew the secret to life. He made sure his family and friends did too. Even when his beloved wife, Elizabeth, died, he kept the faith. But the booze dulled the pain and he drank too much. Then he died and left his five children to fend for themselves. They did not understand why people were calling their dad a "great man". How could that be? Alcohol had killed him and he had left them alone. Who was this man they called "Pops" but everyone else called "Yimey".

Take a seven day journey with the five, newly orphaned Peach kids as they begin their struggle to remain a family while planning their dad's funeral.

Slippery Willie's Stupid, Ugly Shoes

illustrated by Lisa Klug

Willie Wiggles hates his slippery feet. He just slips, slides and spins all over the place. But what he hates even more are the special shoes that have been made for him that will help him to walk just like all the other kids. Willie thinks that they are the "stupidest, ugliest shoes in the whole world."

Discover how sometimes we worry about things about ourselves when actually there is nothing to worry about in the first place.

$2.99
24 pgs.
ebook
ISBN 9781310987854
2011

"Adorable work!" - Tampa Tribune