A Constitution Divided, Episode Ii: Activism vs. Restraint (Mla Format Style)

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David Shamshiri Professor David Garrison Government 2302, S08 7 March 2013 A Constitution Divided, Episode II: Activism vs. Restraint (The following will be in first person narrative to further reflect on the author’s experiences with the topics of judicial activism and equal protection) The judge glared down at me, as he sat firmly in what seemed to be a wooden throne high above everyone else. He was twirling a gavel in his right hand, almost in rhythm, as his eyes pierced through my very soul. What could he be thinking? Have I said something out of line? “Rarely do I find myself in the company of a Persian lawyer.” He claimed. “I was accustomed to believing that they were superior in knowledge, but you’ve disproved the rumors quite hastily.” As he laid his gavel down, he looked over at the young woman I was defending. She shifted uncomfortably in her chair and glanced back at me, as if signaling me to retort. Before I could stand up from my chair and raise an objection, the judge spoke again. “Tell me, Mr. Attorney, does the defendant have an IQ less than seventy?” I was confused by the delivery of the question, but I answered firmly with a “No, sir.” The judge raised his eyebrows. “According to the Eighth Amendment along with the Atkins v. Virginia case held within the decade, I am not allowed to sentence someone mentally handicapped to death row. However, as you stated, the defendant doesn’t show any symptoms of retardation, nor does she lack sufficient intelligence to deem her mentally challenged. The death penalty shall withstand.” “Death penalty?!” I exclaimed loudly, almost too loud, as if challenging the judge’s decision. I knew my defendant for quite some time, and she was a genuine person with a kind heart. She had been falsely accused of second degree murder, and although it seemed the odds were against us, I knew that the truth
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