Net Roots Movement

Lets Make Change.

Constitutionality

Even though David and Chris both adequately discussed the Schiavo case, I think neither adequately stressed the critical compenent of this situation: Congress has no constitutional right to override 15+ court decisions. I don’t care whether or not Bill Frist or Tom DeLay want to make this their personal crusade – they cannot.

It clearly is a direct violation of our separation of powers system in which judges are allowed to make decisions based on evidence and Congress can help enforce those decisions. At best, as my government teacher and I discussed today, Congress can stretch Sec 5 of Amendment XIV. But even that is a big stretch. (That’s the kind of loose interpretation that is making Jefferson roll around in his grave.)

If Terri Schiavo’s husband appeals this law to the Supreme Court, which he should do, he will win. Congress is blatantly overstepping its boundaries on a moral issue that it has no right to regulate. This is an abuse of power by the Republican majority and frankly, I think it’s a really bad decision. What kind of precedent does this set for future legislative sessions? I certainly believe that Congress should be the Ceasar of the triumverate, as it is the most representative of the people, but this is just too much. Next thing we know, Congress will overturn the First Amendment for it seems that they believe they have the power to overrule the judicial branch. I cannot stress enough how dangerous of a precedent this is for Congress to set.

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March 21, 2005 - Posted by | The Progressive Movement

5 Comments »

  1. The number one thing everyone should get out of this issue is to get a Living Will. Once you do this issue sort of moot for you. Now on to this specific case. The family of Terri feels the Florida Courts have failed, and have appealed to Congress to move the matter to the federal level. They are not asking congress to make any decision, except to move this from the states to the federal system. As far as I know, only Congress can do this. I am one of those that feel that State Judges have gone way across the line, from judging on laws, to making their own. As such, I can certainly understand the desire to move this out of the states, and into the Federal court system. This does not mean that a different outcome will occur. I would be much more in favor of the husband, if he had only acted as such. He has a new mistress, and kids by her as well. That alone, IMO, should be grounds to have him dismissed as having any say in Terri’s affairs. If he wants to fight the fight on the moral high ground that he loves Terri, and is a loving husband, his clearly adulterous behavior has shown how shaky that ground really is. I feel he should let Terri’s parents take care of her, and he should move forward with his life, with his chosen mistress, a woman that is completely lacking morals, and that he is currently committing his adulterous affairs with. Before you say how do I know she has no morals, remember, she has two kids by a man married to another woman. That alone spells it out pretty clear, both on her account and his. It is no surprise that liberals are aghast at the way the US Government is trying to change from the culture of “abort the young and snuff the old” that is the Democratic view of how to deal with people, to a culture in which all life has value. It must be difficult for liberals, most of which do not even feel that freedom is a cause that is worth fighting and dying for, to understand why so much fuss is made over one single American life. After all, most clearly support the murder of over a million American babies each year, so what is one move life being snuffed out. When all is said and done, this whole issue could be avoided, by just a few minutes of long-term planning. It is sad, that even now, most won’t bother.

    Comment by ÐÇRøçk§ | March 22, 2005 | Reply

  2. Hey guys, I wanted to add a link for you. I know it is HIGHLY biased on one side of the isssue, but it might help to shed some light on at least a few of the legal issues brought up about Congress and State – VS Federal Rights.

    http://www.nrlc.org/euthanasia/Terri/AnswerCritics.html

    Comment by ÐÇRøçk§ | March 22, 2005 | Reply

  3. I am really glad to see that I am not the only person in this world that feels that congress as no right taking up this issue. Our government has three seperate branches for a reason. I am disgusted by the large overstepping of boundaries “our” Congress is taking with this poor womans life. As a med student I feel that it is her husbands right to carry out her last wishes and I hope that the supreme court will uphold its lower courts decisions and I hope it happens soon. Ya know I have a pesky neighbor that no one seems to be able to control, maybe they could call a special session of Congress to deal with him. Kepp up the good work! Joe Krause

    Comment by Joseph krause | March 22, 2005 | Reply

  4. IMO, congress did not overstep, because all they really did, was to move it from state courts to federal courts. They did not make any decision on the matter, and congress was the only authority able to move the issue from the State to the Federal court system. The decision was still left to the courts, and sadly, the courts have sentenced Terri to death, on the word of a man that clearly does NOT have her best interests at heart, as shown by his having a new mistress and 2 kids by her.

    Comment by ÐÇRøçk§ | March 25, 2005 | Reply

  5. The legislature has NO RIGHT to make a personal family matter one of national relevance. You cannot honestly say that Tom DeLay is called and EMERGENCY SESSION is because he cares about this one woman. If he cared so much he should have gotten involved 14 years ago when it all started. No. Tom DeLay was trying to take the media off his ethics hearings and focus them on his “pro-life” “compasionate conservatism”. What BS!

    Comment by chris | March 25, 2005 | Reply


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