Pacific Stars And Stripes Newspaper Archives Feb 8 1983, Page 13

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Pacific Stars And Stripes (Newspaper) - February 8, 1983, Tokyo, JapanTuesday february 8, 1983 Pacific stars and stripes t Here Are several development son the capital punishment front of interest primarily a recent statement by Pope John Paul ii thatis being interpreted by the abolitionists As a major ethical event. What the Pope called for was clemency and mercy for those condemned to death but listen especially for those who have been condemned for political the word especially seemed to give i away. That is to say the Pope a believes in clemency and exhortations As old As christianity but b tacitly acknowledges that clemency is More appropriate in some cases than in others particularly it is appropriate for convicted men whose crimes were political. The Pope Here postulates some thing the abolitionists Are entirely unwilling to do which is that therein a distinction Between Superior and lesser claims for the granting of clemency is in the United states an executive prerogative. For so Long As the legislature specifies capital punish ment As the appropriate response to crimes of a certain character the courts Are obliged to mete out that punishment. Exhortations for Cle Mency Are directed to the president in Federal cases and to governors Instate cases. The abolition of capital punish ments is exclusively the concern of the Legislatures and in America the trend is toward the universalization of capital punishment. More state Sas of this writing approve of capital punishment than of the equal rights death sentence do foes reason amendment and it is expected that Oregon will soon become the 39th state of the Union to reverse the abolition it voted for 20 years ago. Now this brings up for the second time in this space the grave problem accosted by professor Raoul Berger of Harvard. Berger is most readily distinguishable As the Legal scholar who became a House hold word among the Liberal intelligentsia when he published a William f. Buckley Book during the watergate season asserting that no Legal obstacles Lay in the Way of a Congress that conscientiously sought to impeach a president for misconduct. Berger afew years later published a Book challenging the availability of the14th amendment to liberals who wanted to use it to carry out their social Agenda whatever it was at any Given moment. Berger became an anti hero. But at age 81 he is Back wit another Book death penalties the supreme court s obstacle course in which he devastates those when argue against the death penalty on the grounds that it is cruel and unusual punishment and therefore unconstitutional under the eighth amendment. And goes on to deplore subversion of popular government by those who in their Zeal to avoid the death penalty end up As zealous destroyers of democratic govern ment. When in 1972 the supreme court struck Down the capital punishment Laws As inconsistent and freakishly imposed the court arrogated authority it simply did not Potter Stewart wrote that death sentences Are cruel an unusual in the same Way that being struck by lightning is cruel yup. And if the supreme court outlaws lightning i m All Forit. But to outlaw the positive Law of men and women vested by the people with authority to prescribe punishment on the grounds that these Laws Are variously enforced is no argument at All or else it is a argument against democratic prac Tice. Viewpoint 13 consider. It has been Many year since capital punishment was re stored pursuant to the supreme court s criteria. But has it made a significant difference no. Only six convicted men have been executed. The Acle s position that capital punishment is unfair because Good lawyers can get you out is a inadvertent confession. Time Maga Zine in a Well executed cover Story on capital punishment quotes the director of Florida s Clearinghouse on criminal Justice one Scharlette Holdman who says if you re adequately represented you Don t get death. It s that if it s that simple then what we Are being told is that Legal practice has developed techniques that Are simply flouting the Law. One wonders what would Bethe reaction if one were to hear if you Are adequately represented Youdon t get a prison sentence for Point of course is that those who seek the abolition of the death penalty seek it quite apart from constitutionally specified measure for abolition. They Call this sort of thing when what they mean i that they oppose it taking the Law into one s own Richard Nixon got thrown out of the White House for doing the abolitionists can t accomplish which is the abolition of capital punishment by due process they Are seeking to do by other Means and Many who think them selves Law abiding Are going along with the act. Universal press the racist endorsement by Walter Mondale so a former vice president fro the Midwest endorses a political Friend who s running for mayor of a midwestern City. It May not do much for the mayoral candidate but As they say it could t t it you ought to listen to Jesse l. Jackson head of the Chicago based operation push who describes presidential hopeful Wal Ter f. Mondale s endorsement of Richard Daley or. In terms that include betrayal hypocritical and contradictory dismaying William Raspberry insensitive and in a lighter vein dumb just Plain what raises the ire of Jackson other Black chicagoan and Black political leaders across the country is that the endorsement comes in the closing Days of a race in which Ablack candidate is rated to have a Good Chance of upsetting incumbent mayor Jane m. Byrne. Rep. Harold Washington a Chi Cago Democrat announced for the Post just after winning re election to Congress last november and according to some polls is currently i second place behind Byrne but ahead of Daley. Chicago Blacks Long unhappy with Byrne s administration have pressed a major registration drive that has pushed their strength to around 700,000, a electoral base Washington had hoped to tap. The fear is that the Mondal endorsement could Drain off enough of the anti Byrne vote to defeat Washington in the feb. 22 primary. Jackson sent Mondale a mail Gram signed by several members of the Black congressional caucus another Black civic labor and political leaders charging the former Vic president with profound Dis respect and warning that the endorsement by alienating Blacks could be a critical Factor in your own stated was Jackson saying that it i illegitimate for a White Liberal presidential candidate from min Neapolis to endorse a White Man for mayor of Chicago or that i becomes illegitimate Only if there is a Black candidate in the race or that it is legitimate for Blacks to support Black candidates but racist or at least illiberal for Whites to support White candidates realistically Jackson said we have to recognize that racism reduces our options to the Point that we cannot Hope to be elected president or senator or governor. Therefore we have to increase Blac political participation where we can. You would think that a Liberal like Mondale would understand and appreciate says he does. I m an old Friend of Rich Daley a and promised him Long before Harold got into it that i would help him he said in a Telephone interview. It s the first time i be been in Arace when there s a Black candidate on the other Side but i made commitment and i believe in politics As in anything else you keep your the most Mondale could Hope to gain from endorsing Daley would be a few thousand Daley delivered votes in the presidential race Jackson reasons. If on the other hand Mondale had endorsed Washington it would have increased his popularity with Blacks across Amer a matter of fact it s hard to know just what if any effect the endorsement will have on Mondale s presidential ambitions. If Dale wins there could be a Reservoir of Black bitterness. But what if Daley with the help of the Mondale endorsement takes enough votes away from Byrne to elect washing ton and if Byrne wins re election will anybody remember whom Mon Dale endorsed Washington Post an authorized unofficial publication of the . Force overseas published daily except i january at 23-17. Roppo Ngi 7-chome. Minato Kun. Tokyo lot Japan Apo san Francisco 94s01. Content of i publication opinion and View a Preu a by columnist and cartoonists and the appearance of display concerning commercial publication do not necessarily repro ent the official View nor constitute an endorsement by the . Government. Department of of twee commander in Chiel Parmie or Tiit newspaper. Available to authorized pen Onnel for it cent daily us Cristion Are monthly paid in Advance per Arox i apr 174-1 mall a inscriptions Are available tar minimum tin month period Lor h9.00. Third a Pottage paid at Arabu Minato Kun Tokyo for local mailing second

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