I ask my colleague from Utah if he knew in the case of Commonwealth v. Earnest Smith, January term, 1986, 0144-0146 that Judge Massiah-Jackson was reversed for handing out a sentence which was too tough or long under the sentencing guidelines?
Questioning a colleague about a specific legal case during a discussion on sentencing guidelines.
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I think Senator Sessions has it right when he says they consider it their domain. Well, it is not.
The Congress, under separation of powers, has the authority to find the facts, and then there is need only for a rational relationship between what Congress finds factually and the legislation which Congress enacts.
Not only does the Court affect the daily lives of all Americans, it has a tremendous impact upon the separation of powers.
The Polman article recites a number of Senators who voted no against proceeding with the DISCLOSE Act, having made in the past very forceful affirmative statements in favor of disclosure. It may be that by reminding those 4 Senators…
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