On the recordApril 26, 2000
A circuit court in 1990, two lower courts, but no U.S. Supreme Court. I would join the Senator if the Supreme Court said the same thing. I agree with her that victims' rights should receive a higher elevation in the pantheon of criminal justice. But now the issue is not ripe. The Supreme Court hasn't ruled defendants' rights trump victims' rights. We have had two poor attempts to draft legislation. To their credit, the Senator from California and the Senator from Arizona have come up with a better proposal. They have still not addressed, to my satisfaction, why we need to do a constitutional amendment when I think a statute would do exactly the same job and could be passed more quickly. One would not need the two-thirds. We could get this done. If then someone fought the statute and the Supreme Court of the United States ruled it unconstitutional, we would all be on the floor supporting this amendment. The passion, to answer the Senator, was a passion for the way of the Constitution, a passion that we do not amend the Constitution unless we absolutely have to. That does not go to the need to give victims more rights. That goes to the fact that none of these victims' rights laws has been declared unconstitutional by the highest court of this land or where it would still be legitimate by State supreme courts.
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