Re:What It’s Like to Almost Get Executed
by GFK_of_xmaspast on Saturday April 02, 2016 @06:07PM
(#11413730)
“There is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction.”
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One could argue that the 10th Amendment counts here. Of course it's such a "catch all" that it's basically always ignored...
OTOH, the govt. chooses to acknowledge the vague and fuzzy parts of the Constitution (eg, the "necessary and reasonable clause") when it's convenient for the State. But if a vague and fuzzy part of the Constitution could be seen as establishing more of a check on the power of the State, well...