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Thursday, October 21, 2010

A 10th Amendment Drama Fit for Daytime TV Heads to the Supreme Court

The Court must decide what to do with a case involving a woman trying to poison her best friend at that time. Carol Bond was supportive when she heard that Myrlinda Haynes (her best friend at the time) was pregnant. Soon her mood darkened after finding out that her husband was the father. After Ms. Bond tried over two dozen times to poison Ms. Haynes putting the chemical on her car, door knob, and mail she went to the police. After the police offered no real help federal postal inspectors did. The federal postal inspectors video taped Ms. Bond stealing mail, and placing the poison. When it was time to charge Ms. Bond the prosecutor went for stealing mail, and unconventional weapons in violation of the Chemical Weapons Convention of 1993. In court Ms. Bond relied on the 10th Amendment after a unanimous three-judge panel of the federal appeals in Philadelphia. Ms. Bond has now been in jail for a little more than three years the Supreme Court might have summarily reversed the court’s decision. The Court will hear arguments from this case in the next couple of months and should have a decision by June.

The 10th Amendment is the main argument in this case. The 10th Amendment is an amendment that can help or hurt this case. When dealing with a case like this you must consider enumerated powers and implied powers. The 10th Amendment states “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people,” in some cases it’s hard to decide what is or is not in the Constitution. In some opinions it’s clear but the Court must decide.

This case was wrapped in drama, something you would see on a soap opera and it was intriguing. The case should be reviewed by the Supreme Court for obvious reasons. Information was mishandled in many ways by police and others. The police did no real research into this case the federal postal service did. The sentence was longer than the usual sentence. Instead of three months to two years she got six years. This sentence seems excessive.

A 10th Amendment Drama Fit for Daytime TV Heads to the Supreme Court

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