Let’s get this right

LITTLE ROCK — THERE was some grumbling around Arkansas over the weekend when the papers came out with the news from on high. Specifically from the state’s highest court. Even though much of the attention of late has been on that other Supreme Court, the one on the federal level. But last week Arkansas’ own Supremes made news, too.

They struck down the state’s death penalty law.

That should’ve been enough to get’em grumbling at the deer camp. (Not that anybody in his right mind would be at a deer camp these sultry days.) But this is 2012-and deer camp buddies, too, have email. And many of them were saying, What happened?

After all, this ain’t Vermont. Last we looked, this was Arkinsaw. Famous for being tough on those who give offense, or do worse. We are not subtle about such matters in these latitudes. (“Well, it was touching to see the queen blush and smile, and look embarrassed and happy, and fling furtive glances at Sir Launcelot that would have got him shot in Arkansas, to a dead certainty.”-Mark Twain, A Connecticut Yankee in King Arthur’s Court.)

Lest we forget, a speaker of the House in this state stabbed another state legislator to death during a debate at the Old State House. (Although not recently.)

This is the state of the hanging judge himself, His Honor Issac Parker of Fort Smith and the law in the Indian Territory.

One of the more well-known knives in the world is nicknamed The Arkansas Toothpick. You don’t just strike down this state’s execution law.

Well, you can if you’re the Arkansas Supreme Court. And the justices did just that.

The court said the state’s law governing lethal-injections gives too much discretion to the Department of Correction.

The justices ruled-well, five of them did-that the Legislature was trying to hand off decisions on how executions are carried out in this state and with just which chemicals. And that was unconstitutional because that’sthe Legislature’s job, to prescribe how executions are handled. And it can’t be delegated.

Not that it may matter much to an inmate on death row which branch of Arkansas’ government decides what chemical is going to kill him. But when the state decides to take a life, nothing should be left to doubt. Even and especially the law that gives the state that power over life and death.

It’s not just a matter of crossing t’s and dotting i’s. The inmate on death row-or his family-wouldn’t call this ruling just a debate over technicalities. Or only a “semantic” issue. As if the wording of a law-and a state’s death penalty law at that-were some debate about a word game like today’s Jumble in the comics section.

Even using the word “only” before “semantics” should raise suspicion. Semantics have to do with the meaning of words, which can be crucial.

AGOVERNMENT that can’t decide which of its branches should make life-and-death decisions about executing inmates is a careless government. Careless about first things, like life and death. Nobody wants a careless government carrying out executions. (Or anything else.) Or let’s just say nobody should want such a government. These things should be handled right. With a gravity appropriate to the subject. In every detail.

Yes, it’s doubtful that Arkansas is going to outlaw the death penalty anytime soon. That’s plain. The governor and lawmakers say they’ll get to work soonest to make the death penalty constitutional. Rest assured, the inmates on death row will still be there after the law is revised.

But allowing a government to take life is a serious matter. Arguably the most serious matter in its charge. It should be our elected representatives who spell out how that happens (or if it happens at all), not a group of appointed officials and hired hands.

Let’s get this right. Clear and definite. Accountable to law. With no vague gaps between the deed and who is responsible for carrying it out and how. Or not.